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puicar
Feb 5, 2011, 01:42 PM
Hello there,

I live in a townhouse that has a very tall pinetree close to the house, but it is in my neighbour side. She doesn't want to cut it because she only rents the other side of the house. I am afraid that the tree might fall. What should I do ?

oneexception
Feb 5, 2011, 01:50 PM
You can try contacting the owner of the other side and voice your concerns to them. If it is on their side of the property line, they may only be required to have it removed if it poses an immediate danger. Maybe they would allow it to be removed at your expense? Also, is it the trunk of the tree that concerns you? Or is it branches that extend outward and close to your home?

ballengerb1
Feb 5, 2011, 01:59 PM
Are you part of a Home Owners Association? You/she may not own that tree. Is there a management firm or manager that takes care of the common land?

ma0641
Feb 5, 2011, 02:03 PM
As a rule, unless you can prove that the tree presents a dangerous situation, you have little recourse. If the neighbors tree falls and damages your property, say through a windstorm, your insurance carrier will cover the damage. However, if you can show that the tree is in danger of falling, you will need proof, certified arborist e.g. and a certified letter to her stating that she will be liable if the tree falls on your house. That way, she is aware of the exposure and if she chooses to do nothing, becomes negligent and then your insurance company will pursue action against her, through her insurance carrier. Just because you are worried carries no negligence.