Leaning tree

[IMCJP]

My next door neighbor has a tree that leans badly over the property line and over my garage ( The entire tree is leaning). I have asked her to remove the tree because of the danger to my garage and offered to split the cost. I was ingnored. I tried to get my City Code Enforcement to step in and force her to remove the tree and was told I had to write a letter giving her 30 days to remove the tree and send it certified mail. When I did this (as nicely as possible) she responded by threatening me on the back of the letter and stuck it in my mailbox. I called a local attorney for advice and was told that I can not legaly cut this tree down and if I do damage to the tree, she can sue me for the cost of the tree. He also told me to leave her alone becuse she was crazy. I have also been told that if the tree falls on my garage, I am responsible for the cleanup and repairs. I have also been told by a tree removal service that without her permission they will not remove the tree unless it falls.
How can this be so? I have no right to remove this tree but if it falls I have to pay for the damages and clean up. I understand insurance companies will not pay for the tree removal if it falls.

 

[amarlow2002]

I don't know if this will help, but my friend had a similar situation where the tree did fall and damage his property. The owners insurance did not pay but he was able to collect on his homeowners policy and since it was considered an "act of God" it was not charged to his policy. He was responsible for the cleanup and repairs but his rates were not raised because the tree was not on his property. Hope this at least eases your mind.