Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I have a beighbor who rents his house and does not maintain…

I have a beighbor...

I have a beighbor who rents his house and does not maintain his trees. I have asked in the past and have provided him with estimates to trim them back from my property line. Last winter a limb fell on my shed and punctured the roof during a snow storm. I filed an insurance claim to try to get him to do something. Still overhanging. I paid a 1,000 deductible and my insurer attempted to subrogate and lost in arbitration. Loss was coded as freezing incorrectly. Arbitrator picked up on that. Would be nice to get my deductible back but really just want him to get them off my property to avoid future loss. Have letters from two different arborists one stating infested with aphids other outlining possible damage. What can I do

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Colorado

Lawyer's Assistant: Has anything been filed or reported?

Just with the insurance companies. I called city when the limb fell, but the owner removed it before the city got there

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That’s everything.

Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
3/14/2018
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,069
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

If the tree is encroaching on your property and creating a hazard, your recourse here is to sue the neighbor for "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.

.

So if the tree is diseased or infested and creating a hazardous condition, not only is it a trespass to property, it is also a private nuisance.

.

If you didn't want to jump right to litigation, you could have a local attorney send a "cease and desist" letter threatening to sue them for trespass and private nuisance if they don't trim the trees back. Sometimes a letter from an attorney is all that is required to "encourage" the other side to change their position rather than be dragged into court to lose..

.

.

thanks

Barrister

Ask Your Own Legal Question
Customer reply replied 1 month ago
Thank you. Can you recommend an attorney that I can work with on this in Colorado Springs, CO?

You are very welcome.

.

Unfortunately, I am not allowed to represent customers from the site or recommend anyone personally under my agreement with JustAnswer. However, these are a couple sites that we attorneys actually use if we need local counsel in a state where we aren't licensed. Further, customers have consistently reported good results with these sites:

.
www.martindale.com
.
www.lawyers.com
.
They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews.

.

You would be looking for a real estate litigation or general civil litigation attorney to assist..

.

.

thanks

Barrister

Ask Your Own Legal Question
Customer reply replied 1 month ago
Thank you.

You are very welcome. Happy to help any time.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Thanks much

Barrister

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,069
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
Barrister and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,069
41,069 Satisfied Customers
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I am going to be asked to testify at a union arbitration
I am going to be asked to testify at a union arbitration hearing, and I want to protect my 5th amendment rights. I know it will not look good if I don't testify, but I have something in writing from a… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
Have a question about liens and title insurance. North
have a question about liens and title insurance JA: What state is this in? It matters because laws vary by location. Customer: North Carolina JA: What steps have been taken so far? Customer: none just… read more
Lori
Lori
Juris Doctor
1,062 satisfied customers
When serving first amendment to a civil litigation, if the
When serving first amendment to a civil litigation, if the defendant won't open the door, is it ok to leave the paper at the doorstep or mailbox?… read more
Michael Gonzalez
Michael Gonzalez
JD
543 satisfied customers
My former employer is facing criminal and civil litigation -
Hi! My former employer is facing criminal and civil litigation - hey are now suing all of us former employees because they simply want to try and stop us from talking.How do I know if I was sued prior… read more
Ray
Ray
Lawyer
Doctoral Degree
32,095 satisfied customers
I am involved in a commercial civil litigation in Arizona
Hello,I am involved in a commercial civil litigation in Arizona Superior Court. I am the plaintiff. I am going to relieve my attorney on the case. The reason is because he is thwarting the case and co… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
If I am in possession of the title to my car, am I
If I am in possession of the title to my car, am I considered the legal owner? … read more
Ray
Ray
Lawyer
Doctoral Degree
32,095 satisfied customers
I have a quick question - I am in possession of a title for
hello, I have a quick question - I am in possession of a title for a 1977 Peter Belt truck that my husband bought but was leasing to our driver. We are listed as the first Lienholder in the state of N… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
Can a easement that is defined in a Title insurance, be
Can a easement that is defined in a Title insurance, be challenged by another as being ambiguous or not clear, to have it removed? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
How can I find a process server to serve civil litigation
Hi how can I find a process server to serve civil litigation papers in Sweden? Please refer some service providers.Thanks,… read more
socrateaser
socrateaser
1,031 satisfied customers
Civil litigation: building contractor, mechanic lien, 2009.
Civil litigation: building contractor, mechanic lien, 2009. Multiple court dates extended, fired my attorney, filed pro se to dismiss for lack of prosecution after 2 1/2 yrs no communication after agr… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
I would like to start a civil litigation suit against
I would like to start a civil litigation suit against several large and powerful companies and some personally. Since the election of President Trump, the constant repeating of the white racist is vio… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
I have a civil litigation question. New York. The other
I fired a contractor who took half the payment in advance and then wont show up to work. I asked my money back and he wont give me. I confiscated his tools. Now his actions are making me concern for my safety.… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
How do I amend a civil litigation paper that has already
How do I amend a civil litigation paper that has already been filed but not served? Can I add facts happened after the original filing date in the amendment? In the original filing there is no stateme… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
Is it possible to indicate me a list of Civil Litigation
Hello. Is it possible to indicate me a list of Civil Litigation Lawyers who work in the New York area?… read more
Ray
Ray
Lawyer
Doctoral Degree
32,095 satisfied customers
For a civil litigation case that is already in process, the
For a civil litigation case that is already in process, the defendant filed a motion and dropped a copy to my door without actually serving me and mailed a copy to my attorney, is this ok in terms of … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Civil litigation question: I am responding as a pro per in a
Civil litigation question: I am responding as a pro per in a civil litigation matter in state court. Plaintiff has filed a Motion to Strike a Motion filed by me. My question is: Can I cite a Federal D… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
I am considering pursuing civil litigation against a person
I am considering pursuing civil litigation against a person and (possible persons) who committed a crime against me and are currently facing criminal charges. How do I select the correct lawyer? … read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
In a civil litigation situation, the other side is
In a civil litigation situation, the other side is attempting to subpoena business records from a social media website (third party/non party) that I used, claiming that I used it during a certain per… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x