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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 91921
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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Several trees belonging to my neighbor overhang my property,

Resolved Question:

Several trees belonging to my neighbor overhang my property, one by over 20 feet. The trees are old and look half dead. I consider them to be in a dangerous condition.

I wrote to them over a year ago asking them to trim the trees but received no response.

I must tell you that these are the neighbors from hell. We do not have a friendly relationship. This is currently aggravated by their pit-bull escaping from their back yard a few weeks ago and biting me. We reported that to Metro animal control and the case come to court shortly.

I looked at the local municipal codes and found the frequently asked question below.

◾My neighbor’s tree overhangs the fence onto my property. Who can I call to help me?

This City of Casper has no jurisdiction on issues between private property owners. You would need to settle the dispute yourselves, file a complaint against your neighbor in Court, or refer the dispute to an attorney.

How would I go about filing a complaint? or what would you recommend I should do?

Thank you...
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response. I look forward to working with you to provide you the information you are seeking.

Wyoming follows the common law of property with regards XXXXX XXXXX trees on neighboring property. Under common law, if a neighbor's tree overhangs your property, you have the legal right to remove or trim all overhanging branches as long as you do so without damaging his trees.

If you can prove the entire tree is dead and that it causes a danger, then you can sue him for "nuisance" and ask the court to abate the nuisance by ordering the removal of the trees.

I suggest the first thing you do is properly remove any branches overhanging your property or use a professional to do so. If that will not resolve the problem, then you would need a general litigation or a real estate law attorney locally to file suit for nuisance to ask for the court to order the removal of the trees and you can find a local attorney at the same sites used by other attorneys, http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org



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Law Educator, Esq., Attorney
Satisfied Customers: 91921
Experience: Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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Law Educator, Esq.
Law Educator, Esq.
Personal Injury Lawyer
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Licensed Attorney. Over 20 years experience in personal injury and law enforcement.