Estate Law Questions? Ask an Estate Lawyer.
Thanks for your question and good afternoon.My sympathy here for your situation.In your situation under the laws of the State of Colorado, you have the legal right to self help when a neighbor's tree limbs encroach on your property. You may trim the trees to the property line so long as doing so does not kill the tree.If your neighbor's trees have caused damage to your property or your fence you may sue the neighbor for the damages in small claims court as well.So long as you don;t kill the tree, the fact that he may not like the way the tree looks will not matter here.You might give formal written notice by letter to the neighbor, via certified return receipt mail, that if he does not trim by a given date, that you intend to trim them yourself. This will prevent him arguing that you didn't give him the opportunity to trim them himself in a manner which was agreeable to both of you. Since the property is for sale it may a bee good time to try and force him to trim otherwise you may do so.Here is reference on CO law pertaining to your issue which you may find informative:
http://www.hindmansanchez.com/resources/article/what-do-when-neighbor%E2%80%99s-tree-straysIt h as been my pleasure to assist you today.Please let me know if you have more follow up.Thanks again.
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This communication does not establish an attorney client relationship here.Information provided is not legal advice. Rather it is simply general information.
Small claims reference and contact information if you need to sue for damages to the fence.
If I do decide to get an attorney to draft a letter to this guy , before he sells his house, will I have to go through this whole process again?
I would like to have a local attorney, will I have to pay again also?
Why do you have to have a monthly membership to ask 1 question??
You can post questions individually.If you post them for Ray I will be happy to respond to them and I will be notified by the site.If you decide to send the letter yourself you would use this as a form, feel free to modify it.Mr.Bob JonesAddressRe:Your trees encroaching my property located atXXXXXDear Mr.Jones,As you are aware your trees are encroaching on my property and have damaged the fence between the properties.I am requesting that you trim/remove these trees as soon as possible to limit further damages.If you do not do so within 10 days it is my intent to make use of my right to do so since they have grown onto my property and are causing harm to my fence as well.If you want to claim funds for fence damages--I am also demanding payment in the amount of $ for damages caused to the fence located on the boundary line.It is my intent to file suit in small claims if such reimbursement is not made within 10 days as well.It is my hope to resolve this fairly by you trimming the trees and paying your share of fence repair..Since your property is for sale it woudl improve your chances of selling the property and avoid further damages to the common fence on the property line.Sincerely Yours,You sign it.This would be a sample here of a letter you can do yourself to try and resolve this matter.Thanks again for letting me help you today.I wish you the best in resolving this matter.