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Marsha411JD
Marsha411JD, Lawyer
Category: Real Estate Law
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Experience:  Licensed Attorney with 28 yrs. experience with Real Estate
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My neighbor has a huge tree In his back yard. We have argued

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My neighbor has a huge tree In his back yard. We have argued about that tree for years. I have a new car, and there Is a ruined spot on the car because of tree sap. The tree was hanging over In my yard. I asked the neighbor to remove the limbs hanging over In my yard. He has had some of the limbs removed but there are still a lot of limbs that are up high. I asked my neighbor to remove all of the tree limbs because I don't want any limbs hanging over In my yard. He refuses to remove the limbs. I don't want any of those limbs hanging over on my property. My neigbor said his Insurance company told him to top the tree and don't worry about me.His Insurance company also told him If I did not want tree sap on my car, then I should cover the car. If his tree was not hanging over In my yard, tree sap would not get on my car. I have had total knee replacements of both knees and I have steel rods In my spine. I can not walk In my back yard when leaves fall for fear of falling. Am I right?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. Unfortunately, you are wrong about the other property owner's duties. They would only have a duty to trim those branches that hand over your property if it is reasonably forseable that the tree is dead or dying and will damage your property in that manner. Otherwise, Missouri law, like that of most states, says that you as the property owner that has their branches hanging over your property may trim those branches back up to the property line. However, in doing so, you cannot violate a municipal ordinance (for example cutting a protected tree) and you cannot cut down, injure or destroy the neighbor's tree.

In other words, as long as the law in your city allows for the trimming of this kind of tree, you have the right and responsibility (if you want it trimmed) to trim the branches on your side of the property line but only to the extent that it will not kill the tree or make it unstable. If the trimming would do that, then you cannot trim those branches.

Before having the limbs trimmed, you might sit down with your neighbor and tell them what you will have done. That way there isn't a lot of drama when it actually occurs.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Customer: replied 1 year ago.


Thank you for the answer. My neighbor Is not any one that a woman can talk to because he has no respect for women. I guess what you are telling me Is that I will have to put up with the situation, or I can trim the high branches that hang over on my side, as long as It does not harm the tree. That Is such an unfair law. Please tell me how I can cancel this membership because I can not afford to pay monthly. I am a single, disabled woman.


Thank you for your time

Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for your reply. Well, you don't have to talk to him at all and can just have it done, within the confines of what I described. He doesn't have to like it, since is the law. He gets to control what goes on in his side of the property, not yours.

Once you have rated my answer, hopefully in a positive way, I can then send your request to cancel your subscription to customer service. Best of luck to you!
Marsha411JD, Lawyer
Category: Real Estate Law
Satisfied Customers: 17602
Experience: Licensed Attorney with 28 yrs. experience with Real Estate
Marsha411JD and 2 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

You are very nice and I will give you excellent, but first I would like to know If I will get a cancelllation notice In my e mail, or how will I know for sure It has been cancelled. Do I still have the week free trail, or Is that only If I join.Thank you.

Expert:  Marsha411JD replied 1 year ago.
Unfortunately, I do not have any access to your financial arrangements with JustAnswer. I am a User just as you are. The reason why I requested that you rate me first is because once I send your inquiry to customer service, your account will be closed and you would not be able to rate me. That said, my understanding is that once I send your request for cancellation of your subscription they will contact you via the email address that they have for you. If you do not receive any contact, just reply to this question thread again and I will send a request again.
Expert:  Marsha411JD replied 1 year ago.
Thank you and I will send your request right now.

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Marsha411JD
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