Trees on the neighbors property are rotten and dying, aren’t they responsible for cutting them down?

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Trees on the neighbors property are rotten and dying, aren’t they responsible for cutting them down?

Causing damage to my house and privacy
fence.

Asked on February 25, 2018 under Real Estate Law, Missouri

Answers:

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

Answered 3 years ago | Contributor

If overhanging limbs are a problem, you can trim them back to your property line (but do not enter your neighbor's property to do it and do not cut down the trees themselves). However, since the trees apprear to be dying, what you might be able to do is to get help from a utility company if they are threatening to bring down electric, phone or cable lines. Also, even though the county has taken no action to date, now that there ar 3 trees involved contact them again and see if it will step in and take action to make your neighbor take care of this hazardous condition. If that doesn't work, you can always sue your neighbor. The action would be for "nuisance", since that the dead trees are interfering with your use and enjoyment of your property. As your remedy, you can request that the court order your neighbor to remove the trees. At this point, you may want to consult directly with real estate attorney for further advise under your specific state law.


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