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Legal question: My new house is next to an undeveloped lot...

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Old 03-30-2004, 11:53 AM
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Default Legal question: My new house is next to an undeveloped lot...

there are 2 dead trees that have their trunks on the other lot, but they are leaning toward my brand new house and pose a significant threat. I need to deal with this. I tracked the owner down through the county tax records. She is willing to cooperate based on whatever is legally required.

Does she have any responsibility to cut the trees down?

If not, I will do it with her permission. Is there anything else I should consider?
Old 03-30-2004, 02:45 PM
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Default tree ownership depends mightily on

...your subdivision and county. For instance, where I live, trees in your yard itself generally belong to you (as does any associate cost of maintenance). Trees that are in the tree park (the strip of land between the sidewalk and the street) belong to the subdivision (and are accordingly taken care of by my county).

As a rule of thumb, though, if they are IN her lot, she's responsible for the trees....and for whatever "impact" they might have on what is around them (acts-of-God notwithstanding).

So, if one falls and crushes your allroad (allroad content), she should pick up the tab to fix it.

You can be a good neighbor, however, by 'helping' her with her tree problem (with her permission, of course)... You could offer to coordinate the efforts of someone she hires to cut down/remove the offensive trees.

Likewise, you could cut them down, and then haul their dropped carcasses wholly onto her property for later disposal. I don't like this solution.

My best reccomendation would be: fell the trees, cut 'em up, put them in bundles for appropriate pickup, then bill your neighbor for your labor (after securing her permission and negotiating a rate for such labor).

Careful with the chainsaw!
Old 03-30-2004, 02:54 PM
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Default This is not a DIY job.

I ended up contacting a couple of tree experts locally. I found out that she is responsible for removing the trees if they present a clear and present danger to my house AND if she has been put on notice of this fact.

I put her in touch with a good tree guy who is going to estimate the job for her. This will require him to climb the tress and top them out.

Thank for the response. I think I have it handled at this point.
Old 03-30-2004, 05:37 PM
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Default (smile) sorta depends on who the 'Y' is, I guess.

HTH...
Old 03-31-2004, 06:17 AM
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Default Make sure she is properly insured in case anything happens....

Might want to see if you city or township could compell her to provide proof of insurance, and/or post a bond. heaven forbid something happen and the owner is not insured to cover your damages.
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