Neighbor’s tree has dead limbs hanging over my house. Who is responsible to cut the dead limbs?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Neighbor’s tree has dead limbs hanging over my house. Who is responsible to cut the dead limbs?

My neighbor has a very large tree in their yard. It is about 15 feet from property line. Limbs hanging over our house are dead and would cause damage to our house when they fall. We own our house but the neighbor is rental property.

Asked on June 14, 2019 under Real Estate Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unfortunately, you can't make a property's owner (and it would be the owner, not the tenant/renter) cut the tree limbs if they don't want to. If you warn them about the risk and/or the risk is obvious (as it appears to be) and they don't cut them, but instead they fall and cause damage, the property owner would be liable for the damage they cause--that is, would would have to pay for repairs, and could be sued if they don't. That is because it is negligent, or unreasonably careless, to not take steps to avert a known or obvious threat. But if they are willing to take the chance of being sued, the law lets them take that chance: there is no way to compel to them take steps to preven the limbs from falling.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption