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Diseased tree, branches falling on my property

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giwkhd

Junior Member
What is the name of your state?What is the name of your state? Iowa
1. Is the air space above my property line mine to cut? We offered to trim the tree, they ignored us. Now the hugh 1ft dead branches are falling on my privacy fence and I can't park in my own driveway fearing more damages to my car and the senile old hag refuses to take care of what she has said for 3 years she was going to do, cut them down.
The city came out and told her they are diseased.
2. Is she now responsible for damages? If so, how do I collect? Her house is paid off so I can't go thru the bank etc.
3. Do I have to get 'permission' anywhere to cut the brances off? They run through telephone wires I thought I would drop Quest a line and try and ask them to take care of the problem.
4. What is the rule on this problem? I had my lot surveyed, put up a privacy fence from mz nosey, and now it damages my privacy fence and property.
Thank you. :confused:
 


seniorjudge

Senior Member
You can cut down the branches hanging on your side.

No insurance carrier I know of pays for stuff like this (but there's lots of stuff I don't know).
 
giwkhd said:
What is the name of your state?What is the name of your state? Iowa
1. Is the air space above my property line mine to cut? We offered to trim the tree, they ignored us. Now the hugh 1ft dead branches are falling on my privacy fence and I can't park in my own driveway fearing more damages to my car and the senile old hag refuses to take care of what she has said for 3 years she was going to do, cut them down.
The city came out and told her they are diseased.
2. Is she now responsible for damages? If so, how do I collect? Her house is paid off so I can't go thru the bank etc.
3. Do I have to get 'permission' anywhere to cut the brances off? They run through telephone wires I thought I would drop Quest a line and try and ask them to take care of the problem.
4. What is the rule on this problem? I had my lot surveyed, put up a privacy fence from mz nosey, and now it damages my privacy fence and property.
Thank you. :confused:

If you can obtain documentation from the city re diseased tree, it might be worth pursuing in small claims.

Additionally, send the neighbor a very polite letter (certified RRR) detailing the hazardous condition of the tree and the potential for damage. Emphasize that your notification serves to put the neighbor on notice that any resulting damage caused by the tree will be their responsibility due to their negligence in removing the hazard.

Keep copies of your correspondence and the return card from the RRR.
 

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