How to deal with neighbor's tree?

[Anonymous]

We recently moved into a house in Mclean. In general, most of our neighbors are very friendly. Unfortunately, our next-door neighbors on one side are very unfriendly. They also don't maintain the exterior of their home - overgrown grass, junk all over the yard, etc. This normally wouldn't bother me, but they have a large, dying, ungroomed tree that is hanging over our house (the lots are relatively narrow). I attempted to speak with them about it, but they literally walked away. I'm very concerned that the tree could fall at any time and damage our house. From what I understand, if the tree damages the house during a storm, we will need to seek reimbursement from our insurance company, but if it falls in good weather, we will have to deal with the neighbors' insurance.

I'd prefer to avoid any damage to our house. Has anyone every been in this situation? Can I hire a company to trim the branches that hang over our property? It seems ridiculous that I'd have to get the neighbors' permission for this.

[Anonymous]

You basically have two options:

1) Trim it back. You are allowed to do that if the tree overhangs your property. You can't KILL it, though. But you can trim it back to the property line.

2) Wait until it causes damage and sue the ever-living hell out of them.

Frankly I am surprised you bought a home next to that BS.

[Anonymous]

Anonymous wrote:You basically have two options:

1) Trim it back. You are allowed to do that if the tree overhangs your property. You can't KILL it, though. But you can trim it back to the property line.

2) Wait until it causes damage and sue the ever-living hell out of them.

Frankly I am surprised you bought a home next to that BS.

Thanks. That is helpful. Other than these neighbors, it's really our dream home - perfect location for us, great house, etc.

[Anonymous]

And, no, you don't need their permission to trim it back. But it will cost you a few thousand dollars.

[Anonymous]

Only trim what is on your side OP, or you may find yourself in a WHOLE lotta trouble if they have good lawyers! How deep are your pockets?

[Anonymous]

Anonymous wrote:

Only trim what is on your side OP, or you may find yourself in a WHOLE lotta trouble if they have good lawyers! How deep are your pockets?

Not that deep! I just want to avoid having our house damaged. I suppose there is no way to force THEM to get rid of the dying tree?

[Anonymous]

I think you do have an option here. You send a certified letter about your concerns about the tree. Then when it falls, you show it to your insurance company and they go after the neighbors to pay because they have been warned. And maybe you can cc: a lawyer (but that might not be advisable).

But maybe the letter will make the neighbors more aware of it especially since they have been sent a letter (cerified) and they cannot deny they knew about the tree.

[Anonymous]

Never dealt with something like this before, but what about sending a letter outlining some possibilities for dealing with the tree.

What if you split the cost for removal or trimming? Sucks, but you'd sleep better a night.

OR get an arborist to look at your property and while he's over look at their tree from your yard. It might not be as bad as you think...

[Anonymous]

Are they renters

[Anonymous]

I would have the tree cut that overhangs your property only.

[Anonymous]

Anonymous wrote:I think you do have an option here. You send a certified letter about your concerns about the tree. Then when it falls, you show it to your insurance company and they go after the neighbors to pay because they have been warned. And maybe you can cc: a lawyer (but that might not be advisable).

But maybe the letter will make the neighbors more aware of it especially since they have been sent a letter (cerified) and they cannot deny they knew about the tree.

+1 My neighbors did this to the neighbors behind them. Within two weeks the neighbors (recipients o the letter) cut down the tree. Send the certified letter

[Anonymous]

As others have said, you have the legal authority to trim trees that are planted in others' yards but hang over your property. While it is courteous to discuss tree trimming plans with neighbors in these situations, it is your right and choice, not theirs.

Similarly, when their dead tree falls into your yard, it is not their responsibility to remove whatever is on your property. We had this happen to us recently when our neighbor's tree came down in a storm. Even though we were/are in good terms, they would not pay for the removal and we had to suck it p.

[Anonymous]

my understanding is that the neighbor is not resposible for damages cause by his tree unless the neighbor was negligent (i.e. he knew the tree was dying and rangerous and failed to take any action). so I would hire a tree expert and have a report done on the tree. then, as others have said, send the neighbor a certified letter enclosing a copy of the report and expressing your concernes and asking the neighbor to take down the tree. at least if something happens you (or your insurance) can go after the neighbor, and the letter may even prompt the neghbor to take action. anyway, if the guy keeps the house in such desrepair, with just unkept lawn and junck all over, maybe you should have though twice before buying. even a drem home can become a nightmare when you have a bad neighbor

[Anonymous]

Anonymous wrote:As others have said, you have the legal authority to trim trees that are planted in others' yards but hang over your property. While it is courteous to discuss tree trimming plans with neighbors in these situations, it is your right and choice, not theirs.

Similarly, when their dead tree falls into your yard, it is not their responsibility to remove whatever is on your property. We had this happen to us recently when our neighbor's tree came down in a storm. Even though we were/are in good terms, they would not pay for the removal and we had to suck it p.

This happened to us as well, during a big storm last year. On good terms with the neighbors, who are nice but generally clueless about these sorts of things. Homeowner's insurance covered the damages.

[Anonymous]

I actually have a rental property in that area, and my next door neighbor has a rental property as well. She's a pain---and constantly bothering me about my property b/c she feels it devalues her property value b/c my property isn't 'well maintained' enough for her tastes. My renters are happy, and theres no HOA so to be honest, there's no real reason for me to go crazy and make the neighbor happy. Both her and my home will one day be tear downs as it is, but neither of us is ready to sell just yet.

A while back---I got a certified letter from her attorney (who happens to be her son) saying that if a tree on my property fell or did any damage to her property that I'd be responsible. I checked with my lawyer, who did some pretty extensive research---and as long as the tree is not dead (determined by an arborist) or dying---there is no way she could come after me---although she had every right to cut the part of the tree on her property line.

I decided to be a nice neighbor anyhow---and cut the tree. Although, to annoy her, I left the trunk up so it looks like someone started to chop down tree and then just forgot to finish it. I'm sure her son is looking up some code for eyesore, but I haven't heard from him yet. So I wait.