What can be done about a neighbor’s dead trees

My neighbors dead trees are causing damage to my property. They have no homeowner’s insurance.

Asked on September 19, 2016 under Real Estate Law, Kentucky

Answers:

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

Answered 4 years ago | Contributor

You can take some action depending on the type of damage involved. For instance, if overhanging branches are the issue, you can trim them back to your property line. However that may not solve the problem if think that the whole tree is in danger of falling down. What you might do is to get help from a utility company if the tree is threatening to bring down electric, phone or cable lines. Additionally, city/county governments often step in and take action to make an owner take care of dangerous conditions, such as a hazardous tree on their property. If that doesn't help, you can always sue your neighbor. The legal theory would that the dead tree is a "nuisance" since it interferes with the use and enjoyment of your property. You can ask the court to order the owner to remove the tree.


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