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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.

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Answered in 5 minutes by:
3/14/2018
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,541
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.

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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.

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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..

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.

thanks

Barrister

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Customer reply replied 4 months 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

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Customer reply replied 4 months 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: 42,541
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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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).

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