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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 25358
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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a tree of next door guy hungs over my house.....does he has

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a tree of next door guy hungs over my house.....does he has a responsibility to remove it.....or it just me?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand the situation and your concern. The owner of the tree has a duty and obligation to maintain it and should cut the branches back, that hang over onto your property. If he fails to do so after being placed on notice, you could have a legal right to trim it back, as long as the tree is not endangered, you will not kill/destroy the tree in doing so or some type of special permit is not needed. He does have a responsibility and his failure to do so could make him liable, for any damages that result, since he is aware and was placed on notice and has failed to take action.

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 3 years ago.

how to make it "notice"......... .send him a letter........... w copy to town hall?

You can send him a letter, via certified mail, advising of the situation. This way, you know it was received, since it will be signed for and you should retain that for your records, in the event that he claims that he was never told.
Customer: replied 3 years ago.

copy to town hall?

No, that would not be necessary since it does not involve them. This is a dispute amongst neighbors and a property line. It is a civil issue and does not need to be filed with city hall.
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Customer: replied 3 years ago.

so how to make sure authority is aware as well and what to do if he refuses certified letter

It is not a matter of making the authorities aware, since it is a civil issue, not criminal The purpose of putting him on notice is the event that the tree falls and/or damages is caused by the tree or the branches and need to show he was negligent in the care. If he refuses it, then you can send it regular mail, you can also post it on his front door and if you have his email, send that to him as well. The goal is to show, if needed, that you informed him of this and he failed to act.
Customer: replied 3 years ago.

i understood u.............he is PIA..........he wont take any letters from me...if his branch falls..........will damage my car, roof etc....and he will pretend i did not tell him, so if i send a letter to town hall about this tree....not a civil complain.....then will they inform him as well? then he wont able to deny?

I do not think they will inform him since they have no obligation to do so, since the tree sits on private property and is between your property line and his. There is no harm in sending it but if you just send the letter regular mail, he will get it. You can also hand deliver a copy to him.
Customer: replied 3 years ago.

u dont get it..............he will deny that he got a letter from me.........he is a PIA.......so i will mail to hall and him....and see what happens........

Customer: replied 3 years ago.

he wont take certified letter from me.

That is fine. When the letter is returned, you just it and show it was refused. You also would be able to testify that you proceeded to sent it regular mail, so make a copy of the envelope prior to sending it, to show it was sent.
Customer: replied 3 years ago.


tnx

You are welcome

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