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

UPDATED: Oct 1, 2022

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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

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


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

Answered 4 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.

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 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.

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