What type of case would this be considered?
Neighbors roots from two trees are growing under my foundation and across my property line. Branches are hanging over my driveway and over the roof of my house and over my vehicles when we park them in the driveway.
I have ask my neighbors to cut the branches from his tree because they are hanging over my roof on my house and my driveway which is where my vehicle sits. But he said he would see about that, meaning if he had to cut them or if we had to cut them. I then called our insurance agent and ask him about it and he said basically there isnt anything we can do. And if the branches do fall on our roof and cause damage then our insurance will go up.
Why would we be responsible for maintaining our neighbors trees. My husband has had surgery and is currently on workers comp due to an injury at his work and cannot cut them.
What sort of attorney should I look for. Would it be a waste of money to pay for an attorney?
We live in Missouri
Thank you
I have to say
What sort of sense does that make to say that because someone else’s tree has grown over onto my property that it now becoms my responsibility to pay for the up keep on something that I have absolutely no control over.Thats is outrageous advice. I dont think anyone in their right mind would pay for the up keep on something that they have absolutely no say in.
I could understand that theory if it were half on my property , but it is not.
I cant cut the tree down . They can sue me for cutting their tree. And yes they can sue me, I have spoken with a lawyer and they certainly can SUE! I have to have their permission to cut it down and that means any portion of it.
contact local free legal aid society for real info about this tree issue.
in most states = the tree limbs/roots are on ur side- they are ur responsibility / property.
simply, you get a tree man to trim the limbs on ur side at ur expense. as for roots under ur foundation Cut them out now.
do not waste ur time with attorneys – u pay less just cutting them.
contact state attorney office for state info.
First: get legal insurance through http://www.prepaidlaw.com. It’s $26/month.
For that amount they will write a will for you.
You also get a law firm to call and ask advice on what the law says.
After you get signed up, call the law office that you’ve been assigned and ask a lawyer their opinion – for no additional cost.
I guarantee if you find a lawyer through any other means, you will pay a minimum of $100.
p.s. They will also help you to write letters and if you have to go to court, they will help with that too.
It’s money well spent!
Call the City first. They should be able to advise you of whose responsibility the tree is and help you take care of it.
Why would we be responsible for maintaining our neighbors trees. My husband has had surgery and is currently on workers comp due to an injury at his work and cannot cut them.
What sort of attorney should I look for. Would it be a waste of money to pay for an attorney?
——————
yes–a total waste of time.
what you need is what is called
MITIGATION help; you need to be able
to reduce your risk of the tree damaging
your home. The law permits that.
It is risk mitigation. The tree is the neighbor’s.
NO argument. However, the law states
that YOUR deed gives you rights
to the air above [up to so high in the air]
and so far down in the ground.
you have the right to hire a tree trimmer.
YOU have no right to sue him for branches
that have become YOUR branches.
Sorry. IF you wish, I bet I can find
a fraternity or some group of adults that
will come to your house and they will
trim the tree for no cost to you.
that is the best anyone can do.
if you had a large award winning row of flowers that grew beyond your
row and extended into your neighbors
property, he could cut off their
leaves if those leaves extended into his
property. If that killed your flower, you could sue for “he would have known that…”
now, 30 yrs later, the large trees are larger
and their branches
You cannot cut the neighbors tree. If you do, and it dies, you will
be responsible for replacing the tree, or just compensation If the
tree does damage to your property, your neighbor is legally
responsible for any costs. Including mold removal for the tree
shading your roof. There really is nothing you can do at this point
but wait for something to happen. That’s not in your neighbors best
interests… but then, that’s up to him. Hopefully, he as good
homeowners coverage. Your agent does not know for certain your
premiums would increase. Your carrier would go after the neighbors
carrier for reimbursement costs. This is something you should work
out with your neighbor though…it would only serve to mitigate
costs and aggreviation for both of you.