Major Tree Encroachment

[jeremyabby]

What is the name of your state (only U.S. law)? KANSAS I have a house next door to me that was involved in a Bankruptcy over a year ago. The house is vacant. They have two large trees in there back yard that are bending over and one of these days are going to snap. (Kansas Wind) they also are touching my garage roof. I cant even use that side of the my driveway because the branches will scrape my roof of my pickup (that is how low they hang). My question is this::::: Am I responsible for cutting the tree, IT IS NOT ON MY PROPERTY,,, or is this the Mortgage Companies responsibility to pay for removal. When these trees do fall it could demolish my garage and possibly my house.
I am not wealthy or in the best health and I can not trim these trees, I do enough by mowing the lawn to the darn house !!

 

[NC Aggie]

Well you are definitely within your rights to cut back any branches that are encroaching onto your property. If there are any dead branches or if the the trees as a whole appear dead, it's your responsibility to notify the current property owner (bank) so that in the event they do cause damage, they can be held responsible.

 

[CraigFL]

And remember that the more weight you get rid of hanging over your property, the less likely it will fall.

 

[drewguy]

You could make the case that the trees are hazardous and it is the property owner's responsibility to remove them or eliminate the hazard through substantial trimming. But good luck with that if it's in bankruptcy and owned by the bank. You're more likely to be telling that to your insurance company when they fall. So I would notify the bank and if they don't do anything within a few days cut them back yourself aggressively, as other say, because that is also your right.

 

[HomeGuru]

What is the name of your state (only U.S. law)? KANSAS I have a house next door to me that was involved in a Bankruptcy over a year ago. The house is vacant. They have two large trees in there back yard that are bending over and one of these days are going to snap. (Kansas Wind) they also are touching my garage roof. I cant even use that side of the my driveway because the branches will scrape my roof of my pickup (that is how low they hang). My question is this::::: Am I responsible for cutting the tree, IT IS NOT ON MY PROPERTY,,, or is this the Mortgage Companies responsibility to pay for removal. When these trees do fall it could demolish my garage and possibly my house.
I am not wealthy or in the best health and I can not trim these trees, I do enough by mowing the lawn to the darn house !!

**A: given your description, part of the tree ( branches) are indeed on your property.