My Nieghbors tree has been dead to 4 years.

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My Nieghbors tree has been dead to 4 years.

The Nieghbors tree has been dead for
4 years and it sits next to the driveway.
I cant park my cars under it or let my
child play under it. It is unsafe and
makes a mess of my driveway. What
can I do about it?

Asked on September 16, 2016 under Real Estate Law, Indiana

Answers:

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

Answered 4 years ago | Contributor

You can trim back any overhanging branches to your property line, however that may not solve the problem if think that the whole tree is coming down. You might get help from a utility company, if the tree threatens to bring down its phone, cable, electric lines. Also, local city/county governments often step in to make an owner take care of dangerous conditions such as a hazardous tree on private property. If that doesn't help, you can sue. The legal theory would that the dangerous tree is a "nuisance" because it interferes with your use and enjoyment of your property. You can ask the court to order that the owner remove the tree (just know that you'll have offer proof that the tree really does pose a danger to you).

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

Answered 4 years ago | Contributor

You can trim back any overhanging branches to your property line, however that may not solve the problem if think that the whole tree is coming down. You might get help from a utility company, if the tree threatens to bring down its phone, cable, electric lines. Also, local city/county governments often step in to make an owner take care of dangerous conditions such as a hazardous tree on private property. If that doesn't help, you can sue. The legal theory would that the dangerous tree is a "nuisance" because it interferes with your use and enjoyment of your property. You can ask the court to order that the owner remove the tree (just know that you'll have offer proof that the tree really does pose a danger to you).


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