Nuisance Watermaple

[DLSMITH]

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

Subject: Watermaple Tree dying in our yard but a small less than a 16th of the tree is on the neighbors property.

We had a tree company come to cut down the tree (at our expense) since it was on our property and keeping us from putting up a fence/pool. The tree company showed up on Saturday morning to cut the tree and the neighbor came out and said "what the explative are you doing to MY tree...... we explained that we were having the tree cut down to allow us to put up a fence and begin the installation of a pool.....

she then threatened us and said if you cut MY tree explative or put up a privacy fence you will have HELL TO PAY and it will be WAR!

We had to call 911 and get the state police there..... the state police said we would have to get something from the courts (Magistrate) to get the tree removed. Our lawyer stated that once we received this we could have the tree removed. The tree is clearly dying, as a large limb feel on our roof and damaged the roof/gutters to the expense of about $2k.

The tree service has given us a written letter stating the tree poses as Hazard to both homeowners. We were informed the neighbor does not have homeowners insurance and would NOT be able to get any monies for damage should the tree fall (*IF the tree falls I am certain she would sue us).

What if any is our recourse. The pool installation contactor said he would NOT be able to dig for the pool foundation/insert until the tree was removed..... In order to put in the pool and the privacy/security fence as required by our homeowners insurance the tree must come down. It's not costing the neighbor a penny************** We'll encure ALL of the cost associated with having it removed....

What is the law in West Virginia (wayne county)? Again, the Magistrate said he'd never heard of someone refusing to allow a nuisance (dead) tree to be removed that could potentially harm their house.....

Watermaples we were told are notorius for causing major damage due to their height (our tree well over 400 feet tall, with many visible cracks and y's). The tree expert also told us that they were not of any value - we sent a letter to the neighbor stating our findings and our situation.

I'm cannot believe a tree on our own property cannot be removed......

Any help or advice would be greatly appreciated as we meet on Tuesday of the coming week....

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

[Hoe1979]

This may be poking at a hornets nest here but I say take the tree down. Let her sue you for the 1/16 of the tree that is on her side. If she takes you to court show the papers saying that it was jeopardizing the safety of your home and family. Don’t forget to counter sue for the 1/16 of the tree removal. Put up the privacy fence and forget about the crazy lady next door.

***** This is just my option and has absolutely no legal standing behind it. *****

[HuAi]

I agree with above poster. This lady doesn't have money for house insurance - do you think she'll pony up $1k or more for a boundary survey, and many times that for a lawyer?