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Question DetailsAsked on 2/18/2016

in alabama if your neighbors dead tree branches is hanging over my home if I pay to remove them will I get my money

if neighbors want remove dead branches hanging over your home if you pay to remove them could I request my money back from my neighbors because I really didn't have money to pay but the tree branches is a danger to my life and death

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Of cxourse, to be definitive you would have to talk to an attorney dealing in property rights and real estate issues.


A bit of a gray area - basically if you don't like a neighbor's tree branches hanging over your property, you are entitled to remove them, but at your expense - he does not have to. However, if a "clear and present danger" then they are potentially liable and responsible - but anything you have done without their prior written agreement to pay a certain % or $ ($ committment far better) is on your dime, and while you could ASK for them to reimburse you, forcing it out of them (even if they did agree in advance) would be difficult to near impossible - plus probably cost as much or more than the bill amount.


The way to approach this is to ask THEM to have the branches removed because they present a danger to you. If they refuse you can then send a certified return receipt letter demanding the removal - though without an opinion from an Arborist your demand might not carry a lot of weight. If they then refuse or do not respond you can (depending on locale) potentially get the city or county (as applicable) on your side if they agree this is a public hazard situation, but not likely unless public sidewalk or street is involved.


If aboveground utility lines are endangered, you might be able to get the utility company to remove them - would be a simple solution if feasible. Make sure to make clear which property you own, so they do not get the idea you own the tree.


Your next step would then have to be to either sue for abatement of the hazard or for the estimated cosst of removal, or possibly (if you can find out who the carrier is) contact his homeowner's insurance carrier demanding abatement of the risk - unlikely they will do anything directly without an actual damage claim, but might get them on his back to get the hazard removed.

Answered 3 years ago by LCD




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