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Taylor
Taylor, Attorney
Category: Real Estate Law
Satisfied Customers: 218
Experience:  Attorney
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I live in nebraska. My question is I live in a trailer park.

Customer Question

i live in nebraska. My question is I live in a trailer park. I own my double wide house and there is a huge cotton tree on my lot that I rent. The tree branches reach over two of my neighbors houses. The tree shows signs of disease. I agree that things like leaves and sticks that fall all year long i should pick up and I do that is not a problem. However this tree is so tall that if it were to fall on my house it would surly destroy my home and possibly kill me in my sleep or my neighbors. I have tried to trim the tree over my house. so my question is who should pay to have the tree removed to prevent damage to the three house. We rent the lot. He (landlord) owns the diseased tree.
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Taylor replied 5 months ago.

hi, my name is ***** ***** i would be happy to help you with your question.

Expert:  Taylor replied 5 months ago.

have you spoken to your landlord about the issue? if so, what was his response?

Customer: replied 5 months ago.
Its the same manager different owner he says it our problem . But because it is diseased does that not fall back to owner i mean if i planted it. Or was just sometjing i didnt want in my yard ok . Since i rent the land and its his land . i mean does nt he have to provide me a safe lot to rent.
Customer: replied 5 months ago.
sorry i didnt mention that the park just sold and have not signed a new lease i looked up the new owners on internet and after reading about past problems with these people its clear that the manger shares same feeling as new owner what does nebraska law say
Expert:  Taylor replied 5 months ago.

So because you are renting the trailer, the land and the trailer is technically the owner's and they can do whatever they see fit. You are not allowed to cut or pay to have the tree cut because it is not you property, it is the land owners.

Expert:  Taylor replied 5 months ago.

If you feel the environment is unsafe, it sounds like you should discuss this with the new management and/or consider moving to another part of the park or elsewhere. Because you do not own the land the decision to remove the tree is beyond your control.

Expert:  Taylor replied 5 months ago.

does that adequately answer your question? if not, i would be happy to answer further questions! if you are satisfied, i would greatly appreciate a positive rating! Thanks for using JA!

Customer: replied 5 months ago.
As stated. I own my house and rent the land.
Expert:  Taylor replied 5 months ago.

my apologies for the confusion. But that would not change my answer. Because the tree is on the "land" it is the land owners property to do with how he/she pleases. Let me double check to ensure there isnt a statute for negligent risk or some sort of potential harm.

Expert:  Taylor replied 5 months ago.

if the tree is going to be removed, it would need to be paid for by the land owner and is not your responsibility. However, i would bet if you tried to compromise and help pay it, he or she would be more willing to remove the dangerous tree. Does that adequately answer your question? if not, i would be happy to answer further questions.

Customer: replied 5 months ago.
Can you please tell me . Which statue in nebraska you got answer from so i may use as a reference. Also is there a law which forces the landlord to furnish a safe lot and maintained lot
Expert:  Taylor replied 5 months ago.

Let me look to see about the last question. I'll be back shortly with your answer!

Expert:  Taylor replied 5 months ago.

Here is the statute: Neb. Rev. Stats §76-1419, §76-1425.

Also in Nebraska, all landlords must make all repairs and do whatever is necessary, after written or actual notice, to put and keep the premises in a fit and habitable condition

· Keep all common areas of the premises in a clean and safe condition.

I would argue that this is a common area and thus the landlord has a duty to keep it in a SAFE condition, this tree is unsafe. further, i would explain that in Nebraska all landlord's must maintain a habitable condition, and this tree is causing your fears and could easily make the trailer in-habitable.

Expert:  Taylor replied 5 months ago.

Does that adequately answer your questions? If you have anymore, do not hesitate to ask i would be glad to help!

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