Preventing Your Neighbor's Tree From Damaging Your House
If your neighbor's compound has a dangerous tree that is leaning towards your side of the fence, then you need to be preemptive and take steps to prevent the tree from damaging your property or causing you injury. This is much better than waiting for the tree to fall and then suing your neighbor for damages. Here are some of the preemptive measures that may help:
Talk To the Neighbor First
In most cases, you will avoid a lot of heartache by talking to your neighbor for an amicable solution first; it is not a good idea to make a lawsuit your first port of call. Talk to your neighbor and clearly explain to them why you feel the tree is risky and needs to be removed. In some cases, you may be surprised to learn that the neighbor didn't actually know about the danger and is open to the idea of removing the tree to prevent further damage.
Take the Initiative to Trim Overhanging Branches
If your neighbor doesn't listen to the voice of reason, then you may have to take matters into your own hands. This is even more applicable if it's only the tree branches hanging over your side of the fence that look risky, but the main trunk seems healthy and strong. If leaves, fruits, and twigs, from the dead branches are falling on your compound, you have the legal authority to trim the branches. Note, however, that you can only trim the branches up to the property line; anything other than that can trigger a lawsuit from the neighbor.
Call Your Local Municipal Council
In many places, the municipal council has the authority to remove weak trees that are in danger of falling and causing damage. Therefore, if it is clear that the tree can fall at any time, but your neighbor doesn't want to remove it, give your municipality a call and leave the issue up to them. They can order your neighbor to remove the tree or even remove it on their own and charge the homeowner.
Call Your Utility Company
It is not just your municipality that has an interest in the health of trees in your neighborhood; even your utility company has the same interest. This is because trees that fall without warning can damage utility lines such as power lines and cause widespread power blackouts in addition to the line damage. Therefore, if the offending tree risks falling on a power line, give the utility company a call and see if they can do something about it.
If you are already dealing with damage caused by a neighbor's tree, you have the right to sue them for the damages. The probability of recovering is even high if you can prove that your neighbor new (maybe you told them?) or ought to have known that the tree was dangerous and could fall at any time.
For more information, contact a law office like The Fitzpatrick Law Firm.