neighbors split tree limb hanging over my house

4 Replies

My neighbor has an investment property he rents out. My investment property is my summer home. He has a giant tree very near the property line. One of the limbs of this tree is split and hangs directly over our back bedroom. I sent him a letter along with pictures of the tree. His response to me was at first that we should cut them? Now he wants us to get 3 estimates and they will split the cost with us to trim the limb.

In addition to the limb the roots have cracked our driveway and are lifting part of his drive so that the water flow comes to my drive and my house.

My question is why am I responsible at all...having been notified there is a problem with his tree limb why should I have to do the leg work and pay half to enhance his property's safety and value?

after seeing his posts on this site I get why he does not want to maintain his own property.

Would this fall under what the easement guidelines/laws are in your area? I would look those up and decide from there. You can always go to court over it, or you can negotiate outside of court (preferred).

Nicole A., New Page LLC | [email protected] | 305‑537‑6252

ya he has not money so he prefers that we pay for his tree, we have it trimmed now and the tree was totally sick and split

Here's a great article on this subject:

http://realestate.findlaw.com/neighbors/neighbor-d...

Based on this, I'd send a letter to your neighbor something like this:

Dear Neighbor,

I have made you aware of a limb from a tree on your property, that hangs over my house.  It has split and appears to be about to fall onto my roof at any time.  I have sent you photos that show this.

According to the law, this is all I need to do.  I need to make you aware of this problem.  Then, if you don't take care of it, you must pay for any damage caused by it.

We could wait until it damages my roof, and frankly, I'd love to have you pay for a new roof on my house.  Or, you could have the branch removed.  Either option will be at your expense.  I will, however, cooperate with you regarding making appointments with tree trimmers, or roofing contractors, when the time comes.

Please find additional copies of the photos of the limb enclosed.

Most Sincerely,

You

Then send it with delivery confirmation.  And smile.

You can't blame a guy for trying, but "no" is the answer here.

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