Take my neighbor to civil court over dead tree?

3 Reply

John UnderwoodPro Member

Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes

Send them a certified letter stating they need to take down the dead tree. If they ignore you then they will have to pay for any damage caused by this dead tree falling on your property.

3 Reply

OP

Member since 2022 · 32 posts · 17 votes

@John Underwood have you or anyone you know ever done that? If a tree falls on someone's property it's legally the responsibility of the person whose property it fell on. Just curious why a certified letter would help? I mean, I hope you're right but I'm curious how it could be that easy?

Theresa HarrisPro Member

Member since 2019 · 15k+ posts · 11k+ votes

I'd hope that your insurance company would go after them. Why was removing the remaining bit of tree overhanging your property not part of the job? If it is hanging over your property, you can cut it down.

John UnderwoodPro Member

Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes

Quote from @Jordan Sachs:

@John Underwood have you or anyone you know ever done that? If a tree falls on someone's property it's legally the responsibility of the person whose property it fell on. Just curious why a certified letter would help? I mean, I hope you're right but I'm curious how it could be that easy?

I have read many times that if you notify someone and they don't do anything then they own the blame because they knew of the risk and chose not to correct it.

Your correct if a healthy tree or limb falls on your property then you have to fix the damage yourself.

Consult an attorney and your insurance company to confirm.

OP

Member since 2022 · 32 posts · 17 votes

Thank you.

Steve K.

Realtor · Boulder, CO · Member since 2016 · 3k+ posts · 5k+ votes

In my (non lawyer) experience John is correct here. It’s considered an act of god if a strong wind blows down a healthy tree that nobody expected to fall, but if a dead tree has been looking like it’s about to fall for awhile and the owner has been notified of the hazard it causes, then their inaction can cause them to be negligent in addressing the hazard, and they may be found to be liable. A certified letter is good because they sign for it, acknowledging receipt, any other forms of written communication you can get to document that they were notified of the hazard probably also helps.

However if it’s a really big hazard and they fail to take care of it quickly, I might just take care of it myself rather than taking any legal action, personally. You can say it had to be cut urgently and try to get them to reimburse you after (may not be successful but at least the danger to your tenant will be gone and you won’t be sued by the tenant). These laws are state specific so check yours.

2 Reply

Alecia LovelessPro Member

Member since 2019 · 3k+ posts · 2k+ votes

@Jordan Sachs I feel that $3000 is short money for an easy fix to the problem.

To me it wouldn’t be worth the trouble to go after the other person or worth the potential liability of it happening again and possibly hurting someone.

Don’t be penny wise and pound foolish. Sometimes there’s just maintenance costs with owning rentals. Now is one of those times for you.

3 Reply

Kevin Lee

New to Real Estate · Member since 2019 · 48 posts · 43 votes

Years ago, my elderly neighbor expressed his concern to me about our trees leaning towards his home and that he wasn't trying to be a pain. He said that his insurance company insisted that he document him notifying me of trees on my property that could potentially fall on his home due to a very aggressive angle. He approached me like a gentleman and expressed his valid concerns. I ended up having the trees cut down. Have you gotten the chance or considered speaking to your neighbor?

4 Reply

Nathan GesnerBusiness Member

Moderator

Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes

You should start by talking to the neighbor. Maybe they are good people and want to pay for the damages and remove the remaining tree?

If they refuse to help, then send them a demand letter through an attorney.

If they still refuse to help, take them to court.

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Kevin Sobilo

Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes

@Jordan Sachs, I think there has generally been good advice here, but I think one fine but perhaps important point might be getting lost.

You said a portion of this dead tree is hanging over your garage still? So, it sounds like that part of the tree overhangs your property. So, that part of the tree is YOURS. That could be a key detail if something happens.

If that branch alone breaks off and damages your garage I do not think you can blame your neighbor because that branch belonged to you and could have been trimmed by you.

If the tree was a straight tall tree that did NOT overhang the property and it fell across the property line damaging your garage then that could be the neighbors liability if they knew or should have known it was in poor condition.

So, I would contact the other owner about the tree's removal. I would follow-up with a letter as others have stated, but if no action was taken I would trim off any branches that over hang my property eliminating my own liability in the situation.

Jay HinrichsBusiness Member

Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes

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Quote from @Steve K.:

In my (non lawyer) experience John is correct here. It’s considered an act of god if a strong wind blows down a healthy tree that nobody expected to fall, but if a dead tree has been looking like it’s about to fall for awhile and the owner has been notified of the hazard it causes, then their inaction can cause them to be negligent in addressing the hazard, and they may be found to be liable. A certified letter is good because they sign for it, acknowledging receipt, any other forms of written communication you can get to document that they were notified of the hazard probably also helps.

However if it’s a really big hazard and they fail to take care of it quickly, I might just take care of it myself rather than taking any legal action, personally. You can say it had to be cut urgently and try to get them to reimburse you after (may not be successful but at least the danger to your tenant will be gone and you won’t be sued by the tenant). These laws are state specific so check yours.

ya were we live ( personal resi) we have humungus doug fir trees 100 plus fee tall basically surrounding out lot and if one of those falls on your house it can destroy the house and if your really unlucky it can squash you.. Happens every year in wind storms.. but for over hang limbs I just have my tree guy go to the property line and go straight up and cut anything and everything that is over hanging my yard.. in our little berg here Lake Oswego they are Tree Nazi's and you need a permit to take a tree down.. you have to get an arborist to prove its a hazard etc etc..

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Jeff Allen

Real Estate Broker · Omaha NE · Member since 2019 · 30 posts · 31 votes

I have approached my neighbors in the past with this same problem. Explain the situation and offer to pay 1/2 of the expense. I have been successful every time. The best use of $1,500 ever.

Bud Gaffney

Rental Property Investor · Boston, MA · Member since 2019 · 2k+ posts · 1k+ votes

Pay it and move on. Good karma will come your way!

OP

Member since 2022 · 32 posts · 17 votes

Thank you everyone for your input. I appreciate it!

Bo Bond

Insurance Agent · Plano, TX · Member since 2021 · 127 posts · 94 votes

Jordan,

The burden of proof will be on you (your attorney) if you sue your neighbor. Your attorney should be able to note all the details surrounding this event, and let you know if you have a good case/stance to sue or not. However, when you sue, you also open yourself up to future issues with that neighbor. Certainly, something to strongly consider.

If you sue, and have to "prove" that the neighbor was negligent, then that would likely need to consist of multiple “written” communications from you, the city, or an arborist to your neighbor stating that you/they feel the tree in question is diseased, appears to be dead/dying, is overgrown and posing a potential threat to your property, etc. If you (or others) don’t have any of that "written" proof, then good luck in court. Stating that you had a conversation with the neighbor about it won't go far in proving their negligence. That just becomes your word against theirs. You really need something in writing, and likely more than just one notice. Again, an attorney can help you determine if you have a strong stance/case against the neighbor or not.

You also need to consider your own carrier's response to this claim, and perhaps even visit with them about possible subrogation. If your insurance carrier feels that there was negligence by the neighbor, they "could" subrogate for the damages (go after your neighbor’s insurance carrier to recoup their money). However, this also depends on their ability to prove your neighbor negligent, and the overall cost of the claim. If the overall damages aren’t worth their time and effort in court costs and legal fees, then they likely won't subrogate against your neighbor's insurance policy.

If suing and subrogation aren’t viable options, then I like Jeff’s idea about speaking with your neighbor and splitting the cost of removal of the tree may be the best way forward. There also may be city/state requirements about removing the tree if you own it, so I would investigate that option as well. As the owner of the tree, it’s almost always your responsibility for clean-up and debris removal. However, splitting the cost as Jeff suggested may get things fixed up quickly and keep the peace between both parties. Good luck! Hope this helps!

Kevin Hintz

Investor · Tacoma, WA · Member since 2021 · 97 posts · 28 votes

I’d pay the $3k to remove the tree part. Going to court could be long and expensive, and even if you win, enforcing it might be tough. It’s often easier to handle it directly or try talking to your neighbor about sharing the cost.

Tom GimerBusiness Member

DMV · Member since 2017 · 3k+ posts · 3k+ votes

@Jordan Sachs This is 100% a state law issue... developed through court cases over time. There are rules and exceptions to the rules -- it's actually pretty interesting if you take the time to research it. You'll be surprised how many cases there have been and how the law has developed.

Do a quick search for Pennsylvania tree laws or Pennsylvania tree liability and you'll see what I'm talking about.

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James Hamling

Real Estate Broker · Minneapolis, MN · Member since 2011 · 5k+ posts · 6k+ votes

@Jordan Sachs I can not speak to PA but in MN, yes, I have seen similar scenarios play out.

In each instance, fault was on person B (Yourself in this scenario) and NOT on person A who the tree trunk was on there property but limbs overhanging neighbors, AS LONG AS they had readily allowed and made no conflict to person B cutting out/down whatever was projecting onto there property line.

Each time I saw this, it was that person B refused to take action because they wanted person A to cover all costs. And person A had defense of "it was not on our property. We gave permission to do whatever they wanted to what was on there property and they refused".

Maybe it's a MN thing and PA is different, but it makes perfect sense to me. If issue is overhanging limb, remove the overhanging limb. If it's on your property, it's your responsibility.

I'd start by just talking to them, asking if they'd help share the cost 50/50. I wouldn't ask them to pay 100%, it's not like they made the tree happen that way, or did they? 50/50 seems fair. If they refused, I'd still get it done because it's gotta be done.

OP

Member since 2022 · 32 posts · 17 votes

Thank you everyone! I appreciate all your thoughtful responses!

Matthew MorrowBusiness Member

Investor · PA - NY - NJ · Member since 2019 · 674 posts · 233 votes

[email protected]484-791-6200

Quote from @Jordan Sachs:

A dead tree from the property next door fell on the garage of one of my properties. I understand this is my responsibility and I filed an insurance claim and the garage is currently being rebuilt as the entire thing was destroyed. However, my contractor has informed me that a large part of the dead tree is still hanging over the garage and is likely going to fall during another storm and probably destroy the garage again. I was told I can pay $3k to remove the part of the tree that's hanging over the garage (in addition to the $3k deductible I'm already paying) or I can take the next door neighbor to civil court because the tree over the garage is actually dangerous to the tenant who lives there.

Does anyone have any idea if this would be worth going to court over and if it is and I get the judgement I want is it enforceable? The house is in Allentown, PA. Any info/input would be greatly appreciated. Thanks in advance!

We’re from Allentown, and unfortunately, this is a pretty common issue around here. Honestly, hiring a lawyer might end up costing more than the process itself, especially if things don't go in your favor.

I’d recommend approaching the neighbor directly to discuss it, making sure they’re aware of the serious safety risk. Follow up with a certified letter so there’s a record of your request. If that doesn’t get a response, you could offer to split the cost since it’s a shared liability.

If they still don’t respond, you might have to handle it yourself for peace of mind — as frustrating as that is. If you need local contacts for tree removal, we know plenty of reliable options.

Best of luck!

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OP

Member since 2022 · 32 posts · 17 votes

Thank you @Matthew Morrow! I just spoke with my insurance company and am sending them a certified letter now. Appreciate the input!

Matthew MorrowBusiness Member

Investor · PA - NY - NJ · Member since 2019 · 674 posts · 233 votes

[email protected]484-791-6200

Quote from @Jordan Sachs:

Thank you @Matthew Morrow! I just spoke with my insurance company and am sending them a certified letter now. Appreciate the input!

Great! Let us know how you make out.

any descent landlord should immediately recognize the hazard to their own property and help to fix. But we know how people can be 🤷‍♂️

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