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.

You cannot sue just because the tree damages your house. You have to prove that you discussed the condition if the tree, found it to be unsafe and the still neglected to do anything.

10:04 here - thanks all!
An arborist has looked at the tree from our property. It's already dropped branches on our property and destroyed our fence. We are downhill from the tree. We're in Arlington County and according to the management company Arlington won't do anything to assist. The tree is way above our property. We have photos from the management company and I have photos of the tree as well.

Many thanks!!

I would pay for an arborist to come to your property and review the tree from your property (if they do that). Once you know what the arborist thinks, have them write up what he/she thinks about the tree and send it to you. Then send a copy of the inspection along with a letter about your concerns. Send it certified, return receipt.

OP, did you realize McLean has trees when you moved there?

READ CAREFULLY:

Tree must pose "actual harm", "imminent danger" and can NOT be cut from "spite".

If the neighbors tree was cut under spite, you are in deep trouble. If the neighbor can prove (photos, among other evidence) that the tree you cut was NOT dead, you are in DEEPER trouble.

Don't be an alarmist, OP. It will NOT end well for you.

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.

I had a similar problem with neighbors before where i talked to the wife about a dead branch hanging over our house from a very large/tall tree on her yard but she didn't do anything about it (the husband was friendlier but he wasn't always available). at my insurance agent's advise, i sent them a certified letter and they were pissed but they took care of it quickly.

lol!!!

Also, have you sent a registered letter to the owner letting them know that the tree is dangerous and that you will hold them responsible for any additional damage to your property? It has to be registered because you must prove that you informed them in advance.

Anonymous wrote:Bumping this discussion to ask if anyone has a recommended real estate attorney who could assist with something like this in Arlington. We have a rental management company that just cannot seem to figure out how to manage this for us (we are overseas). We have tried to contact the tenants and the owner but they don't respond. We cannot send an arborist to look at the tree w/o permission to enter the property. The tree did damage in the last big storm to our house and property. It's a HUGE tree and their yard is completely overgrown. Can anyone recommend what steps to take here -- can an attorney help?

Have you called the County government?

Bumping this discussion to ask if anyone has a recommended real estate attorney who could assist with something like this in Arlington. We have a rental management company that just cannot seem to figure out how to manage this for us (we are overseas). We have tried to contact the tenants and the owner but they don't respond. We cannot send an arborist to look at the tree w/o permission to enter the property. The tree did damage in the last big storm to our house and property. It's a HUGE tree and their yard is completely overgrown. Can anyone recommend what steps to take here -- can an attorney help?

But the tree has to really be dead, not just imagined dead. #DCareaalarmist

In VA you need to notify your neighbor if you're concerned about the condition of a tree that may affect your property - google for the legal specifics - otherwise you basically have no recourse. One of our neighbor's trees fell during a storm a couple of years ago and caused damage to our property. They were not required to assist with removal, pay for damage, etc. We didn't want to put a claim against our homeowners insurance for something that wasn't major, so we paid for the tree removal (for the items on our property) and to fix the damage.

If you take pics, it is fairly obvious (to people who know what they are talking about) if the tree is really, truly dead or you are crying wolf. Some people are afraid of trees for some reason, but their fears are unfounded, and it is VERY difficult to prove a tree is in FACT dead.

If the neighbor is a slob, you will need to go ahead and trim your side only. If you cut down or kill their tree, you will have more problems than a supposed "dead" tree on your hands.

If you are McLean, you will see that there are a few houses left that can no longer afford McLean, as the new houses drive the taxes up. If you are in a new house, expect trouble (from jealousy, if nothing else - not that this would be admitted). If you are in an old house, STFU and be grateful.

I know plenty of people in McLean that are in your shoes. Be a truly good neighbor and you have nothing to worry about. Start trouble (where you should be choosing your battles), and expect them to finish it.

+1 to above

Anonymous wrote: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

Do this. As the recipient of such a letter, we had the tree removed (even though I still think their arborist was full of it because we had the same tree inspected and our arborist said it was fine.). Not worth the risk to us so we cut it down.