If my neighbor’s tree is leaning toward my house and falls, who is responsible for damages?

The tree is in my neighbor’s yard and near the property line. The tree is very tall maybe near 100 ft. Also, the tree is leaning toward my house. If it falls, it will likely fall on my house. I have asked my neighbor to please have the tree removed before a wind or storm knocks it over onto my home. He has made no move to do so. What legal options do I have?

Asked on March 25, 2018 under Real Estate Law, Alabama

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You may be able to take action. If overhanging limbs are a problem, you can trim them back to your property line. However, that may not solve the problem since it appears that the entire tree is in danger of falling down. Accordingy, try to get help from a utility company if the tree is threatening to bring down electric, cable or phone lines. Also, city/county government often steps in and takes action to make an owner take care of dangerous conditions, including hazardous trees on their property. If that doesn't work, possibly under the legal theory of "nuisance" you can sue. However, without having seen pictures of the treee and knowing all of the details of the situation it's hard to say. At this point, you should consult directly with real estate attorney for further advice.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You may be able to take action. If overhanging limbs are a problem, you can trim them back to your property line. However, that may not solve the problem since it appears that the entire tree is in danger of falling down. Accordingy, try to get help from a utility company if the tree is threatening to bring down electric, cable or phone lines. Also, city/county government often steps in and takes action to make an owner take care of dangerous conditions, including hazardous trees on their property. If that doesn't work, possibly under the legal theory of "nuisance" you can sue. However, without having seen pictures of the treee and knowing all of the details of the situation it's hard to say. At this point, you should consult directly with real estate attorney for further advice.


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