I've been reading up on the subject of falling trees since receiving a letter from a neighbor's attorney the other day.
First, some background.
I have a tree whose trunk is entirely in my yard. It has a branch that overhang's my neighbors property and house.
Several years ago, I was aksed by my neighbor to trim the limb directly above her house. The house had just been built and in trying to be a good neighbor, I climbed a ladder to her roof and trimmed as much of the limb as I could.
The branch has grown back and needs trimming again. My neighbor asked me to trim it and I didn't bother. That was in the early fall.
My neighbor's daughter stopped while I was working outside and asked if I would mind if they hired a professional to trim the branch. I said of course not and told them they could have access to my property if they needed it for the trimming. That was in November.
Just the other day, I received a letter from an attorney for my neighbor stating,
" Ms. "Doe" has contacted you and requested that you trim the tree limbs to your tree to avoid any potential damage to her home from falling tree limbs. To date, you have taken no action to trim the overhanging tree limbs or cut down the tree on your property"
"Please note that as the tree in question is growing on your property, it is your responsibility to properly maintain and trim the tree in question. If Ms. "Doe's" home is damaged in any way by falling tree limbs from your tree, it will be your responsibility to reimburse her the cost of any repairs made necessary by the damage from your tree"
I understand that I can be found negligent if the limb and or tree is damaged or dead and could easily fall causing damage to my neighbor's property. However, the tree is alive and well and is still growing.
I think my neighbor didn't bother to have a professional look at trimming the limb or just didn't like any estimate she did get.
From what little research I did, I understand that my neighbor has every right to trim the limb back to my property line so long as the tree is not killed in the process. And I have absolutely no problem with that. I already gave my permission, albeit verbally, to do so and would gladly provide it in writing if necessary.
Is this just a tactic to get me to do or pay for the trimming of the limb?
I see no reason for me to do so as the tree is sound, but if my neighbor would like to try to trim it herself or hire a professional I would have no problem with it.
How should I respond?
Thank You,
Bob/NJ
First, some background.
I have a tree whose trunk is entirely in my yard. It has a branch that overhang's my neighbors property and house.
Several years ago, I was aksed by my neighbor to trim the limb directly above her house. The house had just been built and in trying to be a good neighbor, I climbed a ladder to her roof and trimmed as much of the limb as I could.
The branch has grown back and needs trimming again. My neighbor asked me to trim it and I didn't bother. That was in the early fall.
My neighbor's daughter stopped while I was working outside and asked if I would mind if they hired a professional to trim the branch. I said of course not and told them they could have access to my property if they needed it for the trimming. That was in November.
Just the other day, I received a letter from an attorney for my neighbor stating,
" Ms. "Doe" has contacted you and requested that you trim the tree limbs to your tree to avoid any potential damage to her home from falling tree limbs. To date, you have taken no action to trim the overhanging tree limbs or cut down the tree on your property"
"Please note that as the tree in question is growing on your property, it is your responsibility to properly maintain and trim the tree in question. If Ms. "Doe's" home is damaged in any way by falling tree limbs from your tree, it will be your responsibility to reimburse her the cost of any repairs made necessary by the damage from your tree"
I understand that I can be found negligent if the limb and or tree is damaged or dead and could easily fall causing damage to my neighbor's property. However, the tree is alive and well and is still growing.
I think my neighbor didn't bother to have a professional look at trimming the limb or just didn't like any estimate she did get.
From what little research I did, I understand that my neighbor has every right to trim the limb back to my property line so long as the tree is not killed in the process. And I have absolutely no problem with that. I already gave my permission, albeit verbally, to do so and would gladly provide it in writing if necessary.
Is this just a tactic to get me to do or pay for the trimming of the limb?
I see no reason for me to do so as the tree is sound, but if my neighbor would like to try to trim it herself or hire a professional I would have no problem with it.
How should I respond?
Thank You,
Bob/NJ
