neighbor's dead tree risk of falling on my property

[dderolph]

What is the name of your state (only U.S. law)? Ohio

I have a three-rail wood fence around my back yard; it is just inside the property line. A dead pine tree on the neighbor's property is only about 4 inches from my fence. I estimate the tree is about 35 feet tall. Eventually, this tree will fall if not cut down before falling. Of course, if allowed to fall, it could fall in any direction. And, obviously, if it falls over my fence, it will damage the fence.

I have not spoken too my neighbor yet about this but I want to do so soon. So far, this relatively new neighbor does not seem to be the type of home owner who takes pride in the outside appearance of their property, and I'm wondering whether they will be responsive to my discussing of this matter with them.

In case they neglect to cut down the tree and it falls and causes damage to my property, what legal recourse do I have to remedy the situation?What is the name of your state (only U.S. law)?

 

[Banned_Princess]

How do you know the tree is dead?

have you called in any tree experts?

you will want to send the neighbor a letter regarding the state of the tree, and your request to have it looked at by a professional.

send this letter certified.

 

[dderolph]

The tree is a pine tree. It's completely barren of needles now. Clearly, it's dead; there's no need to call a tree expert. Anybody looking it would recognize that it's dead. There are two other pine trees nearby that are normal; they are full of green needles.

So, I need to send my next door neighbor a letter regarding the state of the tree and send it by certified mail. That seems quite weird in this situation. Are you saying I would not have legal grounds for remedy of damages if I do not do this?

 

[NC Aggie]

Agree with Banned Princess, make sure you notify them by certified means so that you have evidence they were informed that the tree is dead. They would only be liable if they knew the tree was dead and neglected to cut it down before it fell.

 

[drewguy]

So, I need to send my next door neighbor a letter regarding the state of the tree and send it by certified mail. That seems quite weird in this situation. Are you saying I would not have legal grounds for remedy of damages if I do not do this?

1) Talk to him first.
2) You would still have legal grounds. What the letter does it provides evidence that he was on notice that the tree was dead. If you don't send a letter and the tree falls and causes damage to you he could claim he was not aware it was dead. So it just makes your case easier to prove. The return receipt is proof he got the letter.
3) Take a few pictures and date them. Save them in your files (electronic or paper). This will help too.

 

[dderolph]

Thanks for the additional replies. Yes, I think I'll talk to him first. During that conversation, I may mention to him that I'm going to follow up on our conversation with a letter.

On the other hand, now that's I've thought about this more since posting in this forum, I feel a little more comfortable with sending a letter without first talking to him. My initial reaction to this action, as previously stated, was that it seem weird to my neighbor. But, he is away from home much of the time and I really haven't talked to him for several months. Therefore, this approach is beginning to seem less awkward.

One way or another, I will proceed with the objective of getting some evidence that he has been informed about the tree being dead and that he would be liable if it falls and causes property damage to a neighbor.