DIYbanter - View Single Post - Neighbor's dead tree is leaning against my oak and threatening tofall on my property

Smitty Two

In article
,
wrote:

You first asked about this 3 weeks ago. People giving opinions
suggested a variety of options, with most of them suggesting you
simply go talk to the neighbor first. And if that didn't work, then
to check with the municipality code enforcement official, who may
treat it as a public safety issue.

Since the tree is obviously dead and a danger, I think the neighbor
would likely be responsible for damage if it occurs to other property
owners when and if it finally falls. That situation is different
from a tree with no obvious problems that falls, in which case the
person who's property if falls from is generally not responsible.
However, you aren't going to get a for sure answer here, as we don't
even know where you live, let alone what the local laws may be. If
you want a real legal opinion, talk to a local attorney. The attorney
aside from giving an opinion, will most likely want to write a
letter. And be aware that who may be responsible and actually
establishing that and collecting are two different things. Since you
now say a second property is in danger too, why haven't you and that
owner just gone over and discussed it instead of engaging it open
ended "what if" speculation?

'Zactly. It's beginning to seem that the OP is more interested in
worrying about financial / legal responsibility when the tree eventually
falls, than he is about getting rid of the tree before it falls. Sheesh,
all this time and apparently not one conversation with either neighbor.