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Another tree from neighbors yard question

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kathy79

Junior Member
What is the name of your state (only U.S. law)? Michigan

I have a vacation property near Higgins Lake Michigan. Next to me is an empty lot. I wrote to the lot owner a few years ago to inquire about purchasing the lot, got no reply. OK, no problem really.

They do not come up and check on the property as far as I can tell. There are trees in all stages on their lot. A tree fell this last winter and damaged my fence severely. I called my insurance company, they said it's my problem, my neighbor is not liable, unless they were notified ahead of time. OK <SIGH>

There is another dead tree on the lot. It is leaning towards my home, and is being held up by a small branch near the top caught on a live tree. Obviously something should be done about it. A few other facts, my propane tank is over the property line, apparently it has been for years, long before I purchased the property. There is a LOT of debris on the lot in question that appears to have been thrown over the fence over the years. Most of it before I purchased my property. Recently I was there when my lawn mower guy, another different person involved, and he was tossing branches over the fence. When I questioned him about it, he replied no one saw him do it.

I have a neighbor down the street who does maintenance for me. I asked him if he would pull the leaning dead tree down in the opposite direction. He called the lot owner to ask permission, and the lot owner said, "don't go on my property"

So now I need to write the lot owner a letter notifying him that there is a dead tree threatening my home. Of course he already knows that from my maintenance guys phone call.

My question is, what should I say in my letter? And what should I NOT say? I'm having trouble phrasing this so I sound reasonable. Should I include photos of the fence damage? Should I offer to buy the lot again?
 


FarmerJ

Senior Member
send your letter via certified mail and if you can include pictures and make a copy of the letter for your own records , this way he has been warned to deal with it. Your lawn mower guy tell him to stop tossing branches over the lot line , it doesn't matter if someone has not seen him. ( for now maybe don't bother to mention the fence since the bigger issue is the tree that could fall on your home) Propane tank same thing don't mention it since the tree is the bigger concern and find out how much your propane dealer will charge to move the tank so at least you know.
 
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justalayman

Senior Member
Dear neighbor:

You have a tree that is an imminent peril to my property. It has already fallen but is being held up by other trees. Can you forward the address of your insurance company to me so I can file a claim with them should it fall and damage my property or are you intending on taking care of it so that it does not fall and damage my property?


whether you offer to buy the property or not is up to you but I suspect attempting to purchase the land while putting him on notice there is an issue with his tree is not likely to be successful.
 

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