How about a picture of the tree?

Would your town be of any kind of help? Most towns have some kind of ordinance about safety hazards in one's yard, and keeping the vegetation under control and healthy.

Other than that, you have done your part with the warning letter, I think. Just pray.

Yes, our town has ordinances that would be enforced if reported.

The city has ordinances and a protocol for "city-owned" trees, not so much for those on private property. I've tried several times to get ahold of the city's arborist, but without success. Using their hierarchy of needs, this one ranks at #1 or "emergency" in that it has already dropped branches and is an imminent threat to property - and life. A big branch came down a few weeks ago in still air; two workers hired by the landlord had walked through the impact zone *three minutes* earlier.

This is more of a legal question than a tree question in my opinion, and a lot of people will want to see pictures of this nemesis tree if you can post some. From my knowledge, it is not uncommon for sweet gums to drop branches as they grow. I have many sweet gums, some are healthier than others.

Where I live, you are responsible for clean up of a tree that falls on your property, even if it was someone else's tree and the tree was diseased. Our code only says that dead trees have to be removed.

A neighbor of mine had a snag fall over and lean in the trees towards my sunroom. When they got back from vacation, he paid to have it removed, and refused to let me pay for it since I was most concerned about it falling immediately.

Hey, the photo just loaded for me, apg4. That tree is totally dying no question at all.

OP, have you had an arborist look at it? It might cost you some $$, but the property owned might take it more seriously if the letter putting him on notice came from a certified arborist.

A second register letter to the owner about the health of his tree from a professional, would further strengthen you case when it causes damage.

Is that poison ivy on it? Maybe English Ivy. Maybe they just don't want to deal with THAT.

To answer a few of the above...it's a mix of Virginia creeper and English ivy. Ivy is considered to be an invasive species in these parts. I've had quite a bit of 'experience' with gum trees, removing the largest in the neighborhood from my backyard over a decade ago. It was dropping apparently healthy limbs in still air. Indeed, when it dropped a big 'un on the week-old, Weber "Performer"grill my wife gave me for father's day, its days were numbered.

The city arborist says he will drop by today, though the city can only step in if the tree is capable of falling onto a city right-of-way. There is an alley down the rear property line, and yes, it could easily make it to the city street - after taking out my kitchen and dining room....

The landlord is a real estate agent - and has been unwilling even to acknowledge any e-mails. I have a meeting with an attorney tomorrow. As a real estate appraiser (shipyards, airports, railroads, historic properties and other weird stuff) with over four decades of courtroom testimony experience, I'm a pretty good expert witness, so small claims court doesn't bother me. Maybe a subpoena will get his attention....

I would be curious what the city's take on that kind of danger is. In a world where GFI outlets are forced on us (and for good reason) letting that tree stand in a tight residential area is interesting to say the least.

Then again we build entire cities behind flood walls here so I guess whatever can get a councilman's pay raised goes.

I have one that looks worse than this, which was previously infested with sweetgum borers. It's basically a tall stick with a few small leafy branches on it. Bad thing is, that it cannot just be dropped, because it will either fall into the neighbor's pool, onto my niwaki-style topiary, or on my outdoor patio. And, there is no space for a bucket truck to drive through. I guess I will just have to let it be, and hope it doesn't fall on the garden or a structure............

There's an alley in the back that would allow a bucket truck to get within feet of the tree. No need for a crane...yet. It can still be taken down piece-meal from the top down with ropes, as I have seen it done in similar tight spaces - by a skilled crew.

It's when you need a crane that things get really pricey. Neighbor across the street had a big tree partially fall on one of his rental properties a mile or so away. Soils were saturated by rainfall from a dying hurricane. Crane rental alone - not including the tree service - was $18,000.

Dead trees also make attractive targets for lightning. Trees in full leaf, not so much....