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Neighbors Trees

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gtownfan

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

I have a neighbor that has woods that line our property line. Just about each year, we have at least 1 of his trees fall into our yard, and I have had to hire someone to remove them. Just last year, one fell on our garage and part of our house. It crushed our garage roof and ripped off part of our mudroom roof. Our insurance covered this, but we had to pay $500 in deductables plus some additional costs.

About 7 years ago, we sent our neighbor certified letters stating that we believe his trees are an issue and that many are dead/dieing and will fall into our yard. He received the letter and we got the certified confirmation back.

We have also discussed this with him just about every year.

We now have 6 trees that line our property and are dead. 2 have already snapped but are being held up by vines. ALL of these are facing our property and are set to fall in our property. One is most likely to crush our garage roof again.

I am nervous to have my kids play in our yard because they could go at any time. The one that snapped last year snapped when there was no rain, no snow and no wind. It just snapped because it was rotted.

He will not remove any trees unless I pay for half of the removal. I do not believe I am responsible for anything and I am wondering what I can do to force him to remove them. Can I sue him and have them removed? Can I sue him for the $500 i paid last year plus the increase in my homeowners insurance?

I want these trees taken care of, but I should not be responsible for paying for them. Please let me know what I can do.

I called our town and they said they do not have the ability to force him to take the trees down.
 


NC Aggie

Member
well first things first...are the trees in question entirely within his property boundaries or are they on the property line? If the specific trees in question are on the property line (meaning partially on his property and partially on yours), then I would suspect that you both are equally responsible for any costs to remove them.
 

drewguy

Member
Take pictures, send him another letter, and when the tree falls, provide your insurance company with the information so they can go after his insurance or him to pay the claim. If the trees are dead and he knows it he is responsible for their removal or any damage they cause.
 

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