Can you take a picture, so we can see the tree.

I’m wondering if the tree is sick and/or dying. My state lays blame and liability with the homeowner of the sick tree if it falls and damages someone else’s property, especially if they’ve been on notice about said tree. (This happened to me in June. Neighbor’s sick tree fell during storm and damaged my roof. I’m only a renter and neighbor and landlord are still discussing the damage. Neighbor quickly paid for tree removal (huge tree, across my entire driveway). Clearly, you don’t want to wait for a storm or wind. Have you tried having a nice conversation with your neighbor about the health of the tree and having them trim tree or removing? Otherwise, generally you have a right to cut what hangs in your yard - at your own expense. But it’s best to discuss with neighbor and try to arrive at an amicable arrangement.

In most states, you can cut or trim any part of a tree or shrub that crosses your property line. Most insurance companies don’t pay for preventive maintenance- it’s the homeowners responsibility to keep the house and surrounding property in good repair. Which is why you pay out the deductible before the insurance kicks in.

It sounds like the tree is actively, though slowly, falling, if, as I understand the situation, it just started leaning. If so, the neighbor would be responsible for preventing damage to your property as it is a recognized problem. The neighbor's insurance would also have to pay for damages to your home but it would be your insurance company to pursue that after you put in a claim to them.

Ben There

Thank you all for the input.

Picture taken from my backyard on the deck looking at the leaning tree (it's hard to see the tip leaning with a 45 degree angle towards my roof, although it looks like it's soaring towards the sky in the pic)

pic taken from the front yard between neighbor's (right) and my house (left).

I stood at neighbor's backyard facing the tree.

Neighbor has not been at home. Nobody answers the door when I knocked. I did post sticky notes on their cars and doors. Whenever they come home, they would se them.

I’ll guess it’s sickly. Put your request in writing with a reasonable timeframe to remedy. If no communication from the neighbor, do it yourself. Cost is yours with small claims as your only recourse.

" do it yourself. "

You cannot!! At least not without permission of the homeowner, preferably in writing (I'd insist). Otherwise, you are guilty of trespass and property damage (the tree removal) and could be liable for civil damages as well as criminal charges.

I'm happy to stand corrected but I believe that if you send your neighbour a registered letter to the effect that the tree is leaning over and may eventually cause damage to your house, then if s/he does nothing about the tree then s/he would be liable to pay for any damages caused by it. At least if you alert the neighbour to the potential for financial liability, that might motivate him/her to do something about it.

I’d call my insurance agent and ask if they have any advice.

I can not tell the relative positions of the trees in the area, but from the pictures the tree looks thin and tall and if it did fall it would not hit your house, but fall between the houses.

So while I would do the registered letter, I would not push the matter, as it looks like there would be no damage to any structure if it fell.

a lot of free legal advice here.. and good legal advice is worth what you pay for it.. lol..

the tree is very sick.. normal tree dont lean 45 degrees .. tree time is counted in decades.. and this tree will not stand for another decade ...

dont know where you are.. so hesitate to offer any sound legal advice.. make an appointment with an atty.. [and even if i did know.. i wouldnt offer any opinion on local city and state law ...]

and stop putting stickies on their property ... thats basically trespass...

ken

Kettle,

" and stop putting stickies on their property ... thats basically trespass... "

Ah, free legal advice!

The tree is both your problems. So both of you need to band together to pay for the full removal. Because while you can legally cut what leans over the property line, having the access to do that looks a bit difficult without their cooperation.

Here in FL we paid to cut our neighbor’s large oak tree branches that were overing our property. It was just after hurricane Ian so the cost was outrageous but we were concerned a minor wind would bring them crashing into our roof or lania. The neighbor later offered to reimburse us but we asked they spend it on trimming their side and making sure their oak trees are healthy. The neighbor is snow bird and was not here to the damage and risk.

If a couple more days go by and nobody answers door or responds to your notes, you might consider sending a certified, return receipt letter. Yes, this is a pain in that you have to go to the post office to mail it, but then you are legally on record as contacting them. Sticky notes are not going to hold up, they can say they never saw them and/or they could literally blow away. A certified letter might strike some as aggressive, so I would word it very politely and emphasize you've been unable to make contact otherwise. We had to do this with neighbors whose sick tree fell and damaged our fence. They did not respond to note left on door or answer in person. After the letter, they took care of it. And sent us a cert letter in response that it was done! But then both parties were on record.

When I stated “do it yourself” I was referring to the overhanging branches, not the whole tree. And where I live, California, that is how it can be handled.

If you have experience with tree cutting, most local rental places have towable bucket lifts like in the link below. Beats trusting a ladder.

https://www.boom-lifts/46-50-ft-towable

I think this may be a state/city/county thing. Here, if my neighbor doesn’t like branches hanging over or touching their home or property, they have the right to trim it back. On the other hand, as a good neighbor I generally stay on top of this. Last year I had a large box elder that was rotting from the inside. If it fell, it would have fallen into my neighbors yard and garage and fence. I approached them about chipping in to remove the tree and they yes. But then they had a couple of unexpected home issues they had to deal with (chimney rebuild and new air conditioning.) In the end, I got a very good price for the tree removal and refused their offer to share some of the expense.

So, it comes down to neighbor relations. My neighbors could have cut those branches at their expense, but actually they were not as worried about the tree falling as I was. However when it was down I’m glad I did it as it totally rotted from the inside out.

debra