What would you do? UPDATE 7/9/23

[rjtfroggy]

Off topic question.
I have a neighbor that has some large oaks around his yard and I have told him more than a few times I am tired off cutting up the branches that fall and to please do something about them.
Well last night another large limb came down just missing my shed. I just finished up cutting it with the chain saw (I'm getting too old for this) and I know he was watching me because he was out on his deck having coffee, never walked out to offer help. Now he is about 25 years younger than me and looks like he could lift a VW off the ground. This isn't the first time this has happened.
Should I call a lawyer and have him put on notice that the next time I will take him to court or just be a good neighbor and just suck it up. My big worry is that the tree finally falls, and it takes out my shed and my pool, or worse somebody at the pool.

 

[Prairiedogger]

Talk to your insurance company about liability. Then send him a bill for your labor, and equipment with their answer.

 

[SSL]

Sad to say, but in most states there is nothing you can do. Insurance will cover property damage...but normal cleanup is on you. Having a neighbor like that myself, I can sympathize, but not much you can do.

 

[jmm03]

depending on your state laws, anything that protrudes over your property line you can cut down. I wonder why people just can't be reasonable and help each other out...

 

[akajun]

depending on your state laws, anything that protrudes over your property line you can cut down. I wonder why people just can't be reasonable and help each other out...

Yep
Hire a licensed arborist / tree service
Cut everything off on your side of the line properly as not to damage the tree so when they die or fall he can’t say it was your actions

This will do two things
One is stop dropping things in your yard being a hazard to you
Two it will shift the weight to his side of the line so if they die or get blown over they will fall his way not yours

 

[davidjoe]

Not legal advice and not speaking as a lawyer, just an opinion. Some locations have ordinances about how close a tree may even be allowed to grow next to a property line. Others would permit a property owner to remove any limbs over the boundary. I have seen land owners request ranch fencing be inset a foot from the line under the thinking that cattle are able to strip grass outside of fencing a foot away. (It’s possible). Wind turbines are built inside the possibility of their blades trespassing into the plane of the property line.

 

[Eagle Six]

Yep
Hire a licensed arborist / tree service
Cut everything off on your side of the line properly as not to damage the tree so when they die or fall he can’t say it was your actions

This will do two things
One is stop dropping things in your yard being a hazard to you
Two it will shift the weight to his side of the line so if they die or get blown over they will fall his way not yours

A five minute discussion with an attorney will inform you of the state and local ordinances concern property rights and property line infringement. If his tree location is out of code, file to have it removed, as @davidjoe posted). If his branches encroach, as @akajun suggest, hire a reputable professional licensed arborist. The arborist will most likely serve prior notice to your neighbor and offer to trim your neighbors side as well when he is there doing your side (at your neighbors expense of course). Have the arborist note your neighbors response, if any, on your invoice. It cost a bit of money but may favor you if there is any future litigation between you. Seem like there could be other trouble between you folks sooner or later. Good Luck with it, very annoying!

 

[K22]

Had a similar situation but more dire - couple of dead trees on neighbor's lot threatening to crash into my house and it would have been devastating. Talked to lawyer and insurance company but there was nothing in that vein that could be done.

So, I approached the neighbor very diplomatically* and proposed splitting the cost of the tree removal. He agreed and we had the trees removed. A terrible financial solution for me but if those two trees had come down when I was in the game room watching re-runs of Gunsmoke, I would be going to the big hay field in the sky.

*Informed him that it was in both of our best interest to remove this threat since if the trees came down and caused my demise there could be an issue of negligence since my insurance company and lawyer were aware of the threat. That got his attention.

 

[Shooter13]

Talk to your insurance company about liability. Then send him a bill for your labor, and equipment with their answer.

I'm an insurance adjuster by trade, if his tree falls on your property it is your insurance company that will have to cover damages! And you have to cover the deductible! I would ask an attorney about him (your neighbor) pruning his tree as to avoid damage to your property.

 

[6BRA]

when the tree dies...notify your insurance agent. Have them send him a letter. Kill the tree...once dead. He has a responsibility.

 

[Fuj]

Throw the limbs back in his yard.

 

[6BRA]

I'm an insurance adjuster by trade, if his tree falls on your property it is your insurance company that will have to cover damages! And you have to cover the deductible! I would ask an attorney about him (your neighbor) pruning his tree as to avoid damage to your property.

if the tree has died and he is notified that the tree has died? this applys?

 

[ljmontano]

Calling a private attorney is just tossing money away. Call the city attorney or the code inspector for your city or county(at no cost.) I asked my neighbor once to trim his over hanging branches after about two weeks I trimmed all the overhang and placed in a nice on his side of the fence. Problem solved.

 

[Doug Casner]

Thats partly why I live in the country. No close neighbors. Doug

 

[MUP]

Sad to say, but in most states there is nothing you can do. Insurance will cover property damage...but normal cleanup is on you. Having a neighbor like that myself, I can sympathize, but not much you can do.

This is exactly what I've been told by my insurance company as well. Acts of nature I believe they referred to it as. But, if you have put him on notice about potential danger from those trees and then you incur damage from them, your insurance will take care of it, but then they may go after your neighbor to recoup the damages payout.

 

[AckleymanII]

A war with a neighbor is no fun, and it is always in your face, I have been through it. Your emotional well-being is worth a lot. Pick, WAR or PEACE, which ever is better for your Soul.

 

[Shooter13]

if the tree has died and he is notified that the tree has died? this applys?

Yes, has no bearing. This is industry wide and not specific to one insurance company.

 

[joshb]

People that ignore their responsibilities will continue to do so until they’re made to change their behavior. Sucks if they’re your neighbor. Have your lawyer send him a registered letter apprising him of the law.
With that letter of notification, you can then take him to small claims court.

 

[rwj]

Throw the limbs back in his yard.

I’ve done that before and would do it again if my neighbor proves not to be neighborly!

I’ve also had all the limbs on an entire row of pine trees whose trunks were planted on my property line cut off at the trunk after my ”neighbors” refused to maintain the trees nor participate financially in having them removed. They thought it was funny I spent my money on their trees… until a heavy snowfall accumulated on the branches remaining on their side and made some of the trees fall into their house. They weren’t laughing after that! I did have the tree company that trimmed the limbs advise them in writing that the trees were overgrown and needed to be removed over a year in advance to them falling. I reminded them that I forwarded a copy of the letter to my attorney when they started making threats to sue for damages. We didn’t talk much after that incident!

 

[Just Say Moe]

Around here, If the limbs hang over your property, they are yours and your responsibility. Trim them and move on. My neighbors tree had limbs hanging over a parking place on my driveway dropping stuff on my vehicle. I asked him and he ok'd me trimming them which I did - and removed them.