Real Estate Law
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Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.
Yes, you can take action to force the neighbor to take down the trees by having a licensed arborist out to inspect the trees and then give you a written opinion that they are diseased/dying and need to be removed.
You then send the neighbor a certified letter along with a copy of the arborist's report and state that they have XX days (whatever you think is reasonable) to remove the trees or you will take further legal action.
If they don't take them down, then you can file a lawsuit for "private nuisance" and use your prior damages as evidence along with the report. 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.
So if their trees are damaging your property and this is likely to continue due to them dying, that is a private nuisance and you can get a judge to order her to abate the nuisance by taking the trees down.
You are very welcome. Happy to help any time. If you want to take a kind of middle of the road approach, you could have a local attorney send a "cease and desist" letter threatening to sue her for nuisance and property damages if she didn't take them down. Often a nasty letter from a local attorney will "encourage" someone to act rather than being dragged into court to lose..
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