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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 23824
Experience:  14 years real estate, Realtor. Landlord 24+ years
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our next door neighbor has allowed a Siberian elm to grow to

Resolved Question:

our next door neighbor has allowed a Siberian elm to grow to the point where it presents a danger to our property ie: parked cars and fence. She has allowed the tree to grow to a size where the trunk has encroached over the property line and thinks we should pay for half the expense of cutting the tree down. We had to remove a section of fence that the expanding trunk damaged. Long story short a tree on her property got so big that part of it is now on our property and has caused damage.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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I am sorry to hear that your neighbor has caused you to have this problem with the tree.
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What is your legal question that I can help with tonight?
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Thanks
Barrister
Customer: replied 1 year ago.


Do we have the right to cut down any limbs/branches hanging over our property line without getting her permission. We live in Carbondale Colorado. Also would she or her property insurance be responsible for damage to property and/ or vehicles if a branch from her tree caused the damage

Expert:  Barrister replied 1 year ago.
Do we have the right to cut down any limbs/branches hanging over our property line without getting her permission
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Yes, anything overhanging your property would be an encroachment and technically a trespass to property. You can legally trim anything back to the property line as long as you don't kill the tree/shrub.
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Also would she or her property insurance be responsible for damage to property and/ or vehicles if a branch from her tree caused the damage
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This depends. If you have notified her of a potential dangerous tree and then your property is later damaged, you could hold her or her insurance responsible. But without notice of a dangerous condition, it could be deemed an "Act of God" if a tree came down in a storm and each owner would bear their own costs.
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So it is a good idea to document dangerous trees and send written notice to the neighbor for later use in establishing their negligence if your property is damaged.
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But since her tree has gotten so big as to damage your property, you could sue her in small claims court under the theory of "private nuisance". A private nuisance is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation.
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The neighbor has a duty to take care of their property to ensure that it does not damage yours. So if she has been negligent in trimming her tree or removing it if it encroached on your property, you can hold her accountable for any damages you suffer.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.


Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 23824
Experience: 14 years real estate, Realtor. Landlord 24+ years
Barrister and 2 other Real Estate Law Specialists are ready to help you

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