My rehab needs little done on the outside, but in the backyard, the neighbors tree is taking over my upstairs views (or lack there of). Are they obligated to trim the tree so it’s not laying on my house? Or once it’s over the fence it’s my problem? The neighbors rent so I’d have to get a hold of their landlord and I’m guessing they wouldn’t give me the time of day. What should I do? Thanks!
http://i5.photobucket.com/albums/y166/BradyCollier/fl.jpg
Why do you think they won’t give you the time of day?
I would get that number, call that landlord and ask him to meet you at the property over a “potential liability problem”. You can discuss what would happen if a large limb falls on the tenant’s children or car, and how the branches might be damaging your roof.
Just make sure that a qualified tree-trimmer prunes that tree ($300-$400 in my neck of the woods). Visualize how bad it will look if the branches are just lopped off at the fence line. Compliment your neighbor on his beautiful tree. I might even throw in a little money to make sure it gets done right.
I have a lovely picture of my neighbor’s tree lying on the roof of my rental house. The insurance company said it was “an act of God” and not covered, as the deductible was too high. The neighbor said he was too poor and it wasn’t his problem. It cost $1200 to remove the whole tree from the roof. I should have gone to small-claims court at the time but didn’t.
Furnishedowner
If the owners don’t/can’t/won’t do anything, you have the legal right to trim the trim back to the property line without their permission. You are responsible if you kill or damage the tree, but otherwise they can’t stop you.
i would check with the local govt. on who’s responsibility the tree is. here in ohio we had a neighbors tree come down on our property and come to find out they weren’t responsible.
like i said i would check with the local govt. if they can’t help you then contact a real estate lawyer.
my guess is that every state could be different on how these types of situations are handled.
i wouldn’t touch anything until i found out the legal ramifications and who is actually responsible for the tree being on your property.
My parents had a similar issue years ago, but worse. The neighbor’s huge tree wasn’t blocking their view–it was causing a brick wall on their property to strain and crack. It was a touchy situation because they were good friends with the neighbor and didn’t want to bring up the problem. The one good thing about your problem is that you don’t really know the neighbors so there should be limited emotions involved.