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Tree and fence issue

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tammy8

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

I have rented my home for 7 yrs. My Uncle is my landlord. I have a fenced in backyard. The trees in questions are on the other side of my fence and that house is also a rental. I know that if the trees fall, my Uncle's landlord policy is responsible for repairs to my fence (the trees are NOT diseased nor dying) but one of the trees is on top of my outbuilding and the other has limbs almost touching my ground. During an ice storm earlier in the year one limb broke off one of the trees and dented my fence. That same tree also lost several other branches during this same storm and they only ended up in my yard. Basically the trees need a BIG trimming.

I may be able to get on top of my building and trim what branches I can but there is no way for me to trim the other tree, as the limbs start about 20 feet in the tree.

So my question is, can I legally write the landlord a letter requesting him to trim the trees, or does my Uncle have to do it (Uncle is elderly and doesn't read nor write)? And does that landlord have any obligation to trim these trees at all?

TIA
 


The person with an ownership interest in the property needs to deal with the other property owner to remedy the situation. If branches have extended over the property line then yes you can trim them back to the property line. The tree thing is a fairly classic encroachment issue. If they haven't crossed the property line then you can't do anything with them. That said, I'd recommend having professionals handle the trimming of tree limbs, it can be very dangerous and if you cause property damage doing it yourself then you're liable for it.
 

Cvillecpm

Senior Member
Ignore CHEEZY - you can trim limbs on YOUR side of the fence and you are wrong about landlord's insurance - it will ONLY reimburse for damage to BUILDINGS - shed and house and probably not the fence or your belongings. You need renter's insurance and lots of pictures of the trees BEFORE you prune them and AFTER you prune them.
 
The best solution to this problem is to get the owner of the trees to take care of the limbs him/herself. You think 45 years would have taught someone that....:rolleyes:
 

tammy8

Senior Member
Oh I have plenty of renter's insurance. I am an insurance agent;)!

My Uncle aka my landlord is not physically able to get out and do anything himself and basically this is *MY* house and I take care of all maintaince. I was just wondering if I could contact the landlord of the other property and legally get him to do something about it.

Thanks!
 

Who's Liable?

Senior Member
Oh I have plenty of renter's insurance. I am an insurance agent;)!

My Uncle aka my landlord is not physically able to get out and do anything himself and basically this is *MY* house and I take care of all maintaince.
Unless you are an authorized(written contract with your uncle) property manager with the landlord, you are NOT allowed to make ANY maintenance or repairs of any kind. Even though this is your uncle's property, I would tread lightly and make sure you cover yourself.

I was just wondering if I could contact the landlord of the other property and legally get him to do something about it.
Thanks!
No... You are NOT legally able to request them to do anything. Only the OWNER of the home, your uncle can.
 

ecmst12

Senior Member
If your uncle can't read or write, maybe you should set up a POA so you can LEGALLY act as his agent in dealings with the house.
 

Cvillecpm

Senior Member
Ditto EMC - it is not your house although you have a good landlord/tenant relationship. Next door neighbor could well tell you to pound sand if you contact them....you should trim the offending trees from your side and do get the POA from your uncle.
 

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