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Who is responsible for removing the tree

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Junior Member
What is the name of your state? Mississippi

A large tree in my neighbor's yard fell and is wedged between the fork of a huge tree in my yard. I cannot remove her tree from my property without damaging her fence, and the tree is a hazard in the way it is hanging. Neiither of our insurance policies will cover taking the tree down since no property is damaged, nor will the county do it since it's on private property. If I have her tree downed, it will damage her fence (according to a licensed tree remover I consulted). Then I can be held liable for damage to her property. If I interpret the law in my state correctly, I have the right to trim branches that invade my property line, but only to the extent that I do not damage the other partie's tree or property. At this point, she is unwilling to pay for any removal since it's no hazard to her. I cannot let my grandchildren play in my backyard under these circumstances.

What can I do legally to have the tree downed? I'm looking for a legal way to force her to take responsibility for whatever is the extent of her responsibility. If she would down the tree and safeguard her fence, I would be willing to remove the portion that is on my property, but she isn't willing to do that. My hands seem to be tied whichever way I turn.

Thank you.
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Senior Member
Short of suing her, there is little you can do.

Time to get a lawyer involved.

Have the lawyer write a letter RRR and tell her she has ten days to move the tree. If she doesn't then you need to remove it and face the consequences.


Junior Member

Thank you for your advice. I'll do as you suggest. Better to risk damage to a fence rather than chance injury (or worse) to a human being. I appreciate your help.

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