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Your neighbors tree is about to fall over onto your property and you do not have access to your driveway what can you do?
Wiki User
∙ 13y ago
Tell your neighbor to fix the situation. In most states however, the portion of the tree that sits above your property is actually your responsibility and not your neighbors. That means that you have a right to cut down and remove any part of the tree that is over your property.
On the other hand, if the tree used to be over your neighbors yard and has fallen into your yard that is a different issue entirely. I would suggest taking one of the following steps.
1. Notify the city. The city may be able to force the removal of the tree and if the neighbor refuses, the city may remove the tree at the neighbors expense by adding it to their property tax bill as an assessment.
2. Remove the tree at your expense and then take the neighbor to conciliation court over the cost. This method is not preferred because it may be difficult to collect a judgment against them.
3. Get a judge in a civil court to order the neighbor to remove the tree (expensive)
AnswerYou should consult with an attorney and have the attorney notify the legal owner of the property of the situation, that their tree is blocking your access, that they are responsible for the removal of the tree and they they will also be responsible for any damages caused by the tree falling down. The letter should be sent by certified mail.If you are a good writer you could draft the letter yourself. Just stick to the facts and make your letter very business-like because it may be used later as evidence. Make certain it is addressed to the legal owner. Describe the condition of the tree, that their tree is blocking your access, that it is going to cause damage when it falls and that you want it to be removed within 60 days. Take some photos and enclose one with your letter. Send it by certified mail and keep a copy with the photos and the green card in a safe place. IF the neighbor ignores the request the letter may be considered prima-facie evidence should you need to file a suit in court.
Wiki User
∙ 13y ago
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