Real Estate Law
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You are absolutely correct to be concerned. And, because they are diseased and dead, if they should fall, your neighbor and the neighbor's insurance company is going to be liable. But, that doesn't help you if you were to get injured or killed. So, you want to raise the stakes on them. First, you want to create a smoking gun situation for them. Send them one more registered letter or have it delivered by courier so you have proof it was received and when informing them of the trees and demanding they be removed within a short specified period of time. Let them know if they have knowledge of these trees and do nothing and they fall and cause damage, they will be liable for not only your actual damages but also punitive damages due to what will constitute either gross negligence and/or intentional bad faith. Second, I would call the city/county and inform them of the dangerous condition and ask them to come inspect the trees and issue the neighbor a citation. This will likely result in your city/county doing your work for you. Third, I would look up in the property records to determine if there is a mortgage on the property and if so, I would contact that mortgage company by sending them the same letter you send the neighbor as the mortgage company will likely also contact the neighbor's insurance company who will then threaten the neighbor with cancellation of their insurance if they don't remediate the issue.
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