A landowner is entitled to make reasonable use of his or her property. However the use of one's property in a negligence manner by failing to remove a tree that poses a significant danger to adjacent property can cause the negligent landowner to be financially responsible for any such damages.
Notice to Landowner of Damaged Tree that Poses Threat to Property of Adjoining Landowner
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How to fill out Notice To Landowner Of Damaged Tree That Poses Threat To Property Of Adjoining Landowner?
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Yes, they can. Your tree was most likely encroaching over your neighbor's property so they cut it back. They don't have to haul the branches away, because it's your tree. Also, should a windstorm blow your tree down on your neighbor's property then you're liable for damages.
You can ask the court to order the owner to prune or remove the tree. You'll probably have to sue in regular court (not small claims court) and have proof that the tree really does pose a danger to you.
In most states, if your tree or any part of it falls on your neighbors' property and causes damage to their property through no fault of your own (due to a snow storm, winds, hurricane, or another so-called act of God), you are not responsible.
If you think your neighbour's tree is dangerous, you can report it to the council - for example if you think it might fall over. They might ask the owner to make it safe or deal with it themselves. Search for 'trees' on your council's website to find which department to contact.
Yes. By law, you have the right to trim branches and limbs that extend past the property line. However, the law only allows tree trimming and tree cutting up to the property line. You may not go onto the neighbor's property or destroy the tree.
Trees can be tricky, but for the most part homeowners are responsible for what falls into their own yard. So if a storm causes your neighbor's tree to fall in your yard, your homeowners insurance could help cover the cost of removing the tree and remedying the damage it caused on your property, after your deductible.
Even if the tree trunk is on your neighbor's property, you have the responsibility for cutting any branches that extend onto your property line. You are responsible for the cost of cutting any branches you choose to trim. You can cut back anything up to your property line.
And, since this case isn't about a tree that's posing harm or impeding on their property at all, the neighbor cannot force Phyllis to cut it down.Homeowners must inspect trees and ensure their trees are safe. Homeowners can be held liable if they fail to remove a dangerous tree and it causes damages.
You could file a nuisance claim, and if the court finds that the true is a nuisance, the court may order the tree removed. Most cities have ordinances prohibiting property owners from keeping dangerous conditions on their property.
