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question iconMy neighbors tree is hanging over my property and killing my lawn. I asked him if he could trim the branches and he told me to rock my yard and get a bird bath, he would not pay to have it done. He also planted another tree next to my fence that is starting to push on it. I called some tree trimming companies to get some quotes on getting the trees trimmed but they need his consent to do it and he wont do it because of the cost. I don’t feel I am responsible to pay for his tree and getting half my yard re-sodded every year. What are my rights on this. Do I need to take him to court?
answer icon

Generally, speaking borderline tree issues are very complicated. You do have rights and should not have to suffer damages as a result of your neighbors tree overhanging your yard or damaging a fence that you own. The tree company is simply acting in self-protect mode and you are not likely to be successful in attempting to force them to cut the tree without the owners permission, they don't want to be in the middle of the battle. You may be able to find a different tree company or you may be able to obtain permission to cut the overhanging limbs from your neighbor. It your neighbor is unwilling to work with you an attorneys demand letter may help to get the process moving before spending time and money on a lawsuit. I recommend you contact our attorneys to discuss your unique facts as well as your rights, remedies, risks, and options before proceeding. You can schedule a case assessment 24/7 by calling 303-688-0944 or online at https://calendly.com/case-assessment/case-assessment. At your appointment, we'll meet by phone or video (Zoom), we'll discuss your concerns, desired results, rights, remedies, the law, the process, timeline, how we can help, costs, etc.


The foregoing information is general information only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information. __The only manner to obtain complete and adequate legal advice is to consult with an attorney.__
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Bill Henry
LitigationMar 18, 2021
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