If a neighbor has continued to ignore my request for them to remove dead trees and now one has fallen and damaged my property, what do I do?

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If a neighbor has continued to ignore my request for them to remove dead trees and now one has fallen and damaged my property, what do I do?

I’ve sent 2 certified letter that they did sign for and I have the receipts showing that they received them. Letters stated that their dead trees are endangering my property, etc. and that I need them to remove them. The last letter I sent I gave them 10 days to comply during this time 1 fell on my fence amd damaged some other items out there and I don’t want to file a claim with my insurwe because it will cause my ratesto go up. I feel they are responsible. What do I need to do to get the damages paid for? They had a company come out and give them an estimate today on getting other trees down but haven’t hired them.

Asked on August 10, 2012 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

And you may in fact be right that they are responsible.  If the trees were dead and they had notice then it is likely to be held as "negligence" under the law in your state and they could be liable for the property damage.  Get legal help.  Good luck.


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