Neighbor trees may fall on our house in future. Do they have to pay for removing them?

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Neighbor trees may fall on our house in future. Do they have to pay for removing them?

It is likely that our neighbor’s six large poplar trees as they lean towards our house will fall onto our house sometime (they show already fungi). Costs to remove them will be high as they are large. When we send a letter to them making them aware of the hazard and then talk to them, can we request them to pay for the complete tree cutting and removal?

Asked on June 2, 2009 under Real Estate Law, Vermont

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I'd start out by taking some pictures of these trees, ideally from just inside your property line, that shows how far over the line they are leaning, and how close to your house they are, and which show any damage or disease to the trees.  Then, take the pictures to a good real estate lawyer in your area, who can give you reliable advice about your rights and your options, based on all of the facts.

I'm not a Vermont lawyer, and this area of the law does have some minor variations from one state to the next.  But in most places, a nuisance -- something that is a real, present threat to the safety of your home, can be ordered removed by a court.


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