Neighbor's Tree

[Brett]

What is the name of your state? Michigan

What are the laws regarding a neighbor's threatening tree. Several large branches have already fallen in an area where my children play. My children are no longer allowed to play there but that can't be a permanent solution. I would think the tree owner is responsible for eliminating the danger. Please advise.

Thanks.

 

[LindaP777]

I take it the tree is overhanging the property line onto your property? You are free to remove any branches of the tree, straight up from the property line, so long as it doesn't kill the tree.

If the owner fails to remove the danger, he runs the risk of any and all liability the falling branches may cause. FYI - his insurance will more than likely only cover falling live branches. Dead branches are considered "maintenance". If the branches are dead and a threat to your property (i.e. your car, swing set, swimming pool, flower beds, deck), send him a certified letter demanding he provide proper maintenance to his tree. If he fails to do it, hire someone to do it for him and sue him for what it costs you.