What else can I do about dangerous trees in my neighbor's yard?

Question

I live in Georgia.

There are 2 tall 40 ft pine trees in my neighbor's back yard that are leaning dangerously toward my home. About 2 years ago, I had an arborist come and inspect those trees, his findings were that eventhough the trees are still alive but rotting, the roots are weakened since they sit about 5ft from the common lake that sits behind our backyards, and that these trees are an immediate danger to my home.

When we first moved to this subdivision, we had to cut down 2 trees in our backyard, since they were dead and dangerous. Our homes surround a small lake, which in turn makes those trees that sit close to the lake, more dangerous than the rest because of the erosion and weakend roots.

With the recommendation of our HOA, I wrote a letter, had it notorized; included a copy of the arborist's letter, asking my neighbor to remove those trees since they are very dangerously tilted towards our home, and also sway dangerously with only small winds. Not too long before my letter to this neighbor, another tree from another neighbor fell on his own home with only minor damages, which in turn made us look closely at the trees around our lake and find out about these trees.

It has been about 2 years since that letter, and I have not gotten even a phone response from them. I have 3 young children, and everytime there is wind, they run towards the windows to watch those trees sway, and say "Mommy, will the tree fall on us?"

I have called my home insurance company about this, called the city, with no solution. To my disbelief, my insurance told me basically to wait for it to fall, and then they will take care of it; What if, God forbbid, it injures or kills one of my family members?

Please help!!!

Answer 1

Just cut it down.

Answer 2

You have done just about everything that you can do. Make sure that you have photos.Send another CERTIFIED letter. I am a landscape contractor in Texas & the advice you have gotten is the same as what we tell our clients. In Texas, though, it is within the law to cut any part of a neighbor's tree that crosses the property line (although you will be responsible for payment to the arborist).The silver lining to this cloud is you will be able to sue for triple damages for any loss to your property since you have all of the documentation.

Answer 3

Here's what I would do if it were me.  I would first read through the association's policies for your neighborhood(everyone owner should have a copy) and then write another letter - with 1 difference: I would state that since a more than reasonable amount of time has gone by with nothing done that the next step will be to seek legal council.  Then I'd call the appropriate city department and formally complain and request an inspector to come out.

While insurance may cover some things, should they fall I would also file a lawsuit against the neighbor and the HOA  for failing to to take action to prevent it.  After all, what if they fell while you or your kids were outside?  My case in point: When I was a kid, we had just run through our yard - under a huge tree(huge 110+ year old elm) the neighbor had.  It had some dead branches on it - looked ok for the most part.  Well, right after we went through, a very large limb fell on their house and landed in that same yard area.  The tree had been rotting from the inside, and we had NO wind that day.  Luckily, our neighbor and my father got together to take it down before anything terrible could have happened.  The limb was about 10 inches diamete and around 15 feet long or so.

There's been more than enough reasonable time already, so do'nt wait any longer!

Answer 4

My suggestion would be to get to know those neighbors. Have them meet your family so they can personalize the situation. When they meet your children, they will be more apt to care about the removal of the trees. Also, it may be a financial issue for them to have the trees taken care of. Since it's in your best interest to have them removed, you can make arrangements with that family to help them with the expenses. It's all about give and take, but you cannot remove the personal aspect by simply giving them papers. Remember, you are neighbors after all. Wouldn't you like to remain friendly with them? You do have to share property lines, might as well be civil. People are more likely to respond to you personally. Serving them papers is more an accusation, don't you think?

Answer 5

tell your neighbor to cut them down or do it yourself

Answer 6

Honestly unfortunately there isn't much that you can do. You can try going to your neighbor's door and speaking to them in person, that would be the best course of action, but technically when you own property you own what is on it down to the center of the earth, and since the tree only poses a threat to your property but has not actually damaged your property, there's no way to force them to take it down. If you are really concerned about the safety of yourself and your family, I would suggest offering to pay for the removal of the trees. What happens a lot in these cases is that the person with the property in question doesn't take action because they can't afford to. I know it seems crazy since if the tree does fall they will have to pay a whole lot more. Again your only course of action at the moment is to contact them in person about the tree, and when you do remember that you are kind of at their mercy. Keep copies of all documents you have sent them just in case a tree does fall, and just for safety's sake keep the kids away from the windows during the storm! Good luck!

Answer 7

get a lawyer...tell them you're going to sue them and the wait for them to cut them down...otherwise, call someone and have them CUT down...then they can sue you and you can counter sue. (been there, done that in FL...stupid long leaf pines...they're PITA's.)

Answer 8

walk up to you nighbors and tell them evrything your telling me and hopefully that will change things !!!!

if not maybe you shound move  or something thats a very hard sittuation!!!! cuttt it down yourself

or get a huge rope and tie it to the tree then tie it to your neigbors home to ceep it from leanning on your side or too just hold it up strait !!!!!i dont know get a lawyer!!!!!

i would  go get a tree and plant it up there butts!!!!

Answer 9

If I got an impersonal letter from a neighbor that was notarized, I would be hesitant to take trees down as well. What ever happened to neighborly communication? I don't see why you would expect a phone call from the neighbor if you did not have the courtesy to do the same.

Go to the neighbor and be friendly. Tell him/her your concerns. Possibly it is a financial hardship that is the issue. Maybe you could offer to help pay for the tree removal if it is possible for you to do so.

If your neighbor is simply being stubborn, simply contact your neighbors insurance company. It would be their responsibility to pay for damages and personal injury or death to the tune of a lot of cashola if anything should happen. With the letter, include a copy of the arborists findings. If you are smart you will send along more than on arborists confirmations so the insurance firm doesn't suspect bias. Additionally, enclose a picture of the leaning trees. I am sure the neighbors insurance firm would gladly send a letter to the home owner requesting they remove the trees in order that they do not have to pay out damages in the future.

Last but not least, do not voice your concerns in front of your children. Children become frightened by what they hear. As a kid I built snow forts in plowed snow at the side of the road with it never even occurring to me that a vehicle could slide in the bad whether and snuff out my life.

Summing up: Be nice and request removal from the neighbor directly. Keep your concerns to yourself in front of the kids. If you get no results from the neighbor, contact the his/her insurance company. Because, if you are going to make waves you have to do it where the wallet is the thickest and the damages will come out of.

Good luck.

Answer 10

well you can call a lawyer and ask them to wright a letter saying what would happen if the tree fell and hurt you or any of your family members or your house, letting them know that if this problem is not taken care of that you have all the evidence of how you tried to ask them nicely to have this taken care of but they did not fix this and you can press charges. you could try to go to the mayor and ask him to check into this and if he feels that this is a problem then he can make them have the trees cut down for the safety of the town. unfortunately if this does not work, i don't think there is any way that YOU can make them do it. hope nothing does happen!! :-(  

Answer 11

Sending that letter was the most important step because you now have proof that your neighbor has knowledge that those trees are a hazard threatening your safety. Since he is failing to address the hazard, he is liable for any damages done by them should they fall.

I know here in Ohio the law states that if a tree falls from my property onto yours I am only responsible if I knew there was a structural issue with the tree.

As far as preventing injuries, keep contacting the HOA, the city, the county, the state, and any other agency that you can think of. Have your other neighbors do the same. Contact your local news outlets, sometimes they will have some power for resolving disputes. Beyond that, about all you can do is sue him to have them removed. Perhaps you could contact his insurance company assuming he has one.

Get a free consultation with a lawyer so you know the legal options in your state.

Other answerer's advice to knock ontheir door is good, I'm not sure why you have not already done so in the last two years especially when your family's safety is at risk.