my next door neighbor tree has ivy to top, it has killed the tree, i had a CERTIFIED ARBORIST COME and check it and gave me a paper state the tree is dead and ready to fall i have sent 2 certifed copies asking the neighbor to do something about the tree, the frst copy with arborist comments- 2 mnts ago- now 2 monts later I sent neighbor new certified letter giving him 10 days or I I will make a civil case, it has been over 90 days since my first letter, he has had plenty of time, pls tell me how to make a civil case, I cannot afford a lawyer, but I have all my paper work, and the arborist letter. somebody pls help me, this tree is directly over my kids bedroom, standing at 60/70 feet tall. however it is on my neighbors property.
thank you, -ginai in Atlanta.
2006-11-02 04:33:55 · 5 answers · asked by BubbleGumBoobs! 6 in Home & Garden ➔ Garden & Landscape
Call the City of Atlanta - They will make him cut it down if it poses a safety issue (And will enforce their ruling - If he doesn't cut, he'll go to jail).
2006-11-02 04:44:33 · answer #1 · answered by Yo LO! 6 · 0⤊ 0⤋
I agree with surveyor. Go to your neighbor and try to work it out even if you have to share the cost. Both of you will loss if the whole tree falls, not just a branch hanging over the fence that is your responsibility. He will be liable for all damages done by the tree. But, you will also suffer if it does damage your house or hurts your children. If you take him to court he can get an could find a arborist that will say if he cuts the ivy back with in the next year it will be fine. Being the tree is still standing after 4 months and your arborist can't say when it will fall. It might be 10 day or 10 yrs. It is a real crap shot if you go to court. Judges don't like to rule on maybe things. As I can see it your only hope if you go to court, which I wouldn't advice, is the judge you get had a tree fall on his house or he just hates tress. Think about hard before you act. Good luck
2016-05-23 17:45:08 · answer #2 · answered by ? 4 · 0⤊ 0⤋
Go down to code enforcement or download their form from their website and make a formal complaint attaching the arborist's letter and yours, to the form. You have a legitimate safety concern and the city will investigate. I had a neighbor who had a tree that was in danger of falling on one of my rental properties. Code enforcement inspected it, gave him 10 days to remove the "hazard" or they would at city expense and fine him. Got him to act real fast!
2006-11-02 05:59:55 · answer #3 · answered by eskie lover 7 · 1⤊ 0⤋
Go the legal route first. Notify him and your HOA. If nothing still, hopefully nobody gets hurt, let it fall then SUE the pants off the guy.
2006-11-02 11:53:05 · answer #4 · answered by golfserv2001 4 · 0⤊ 1⤋
you can't do anything until or if it does fall. and then it's might be called a act of god. if you changed rooms with your kids would that be any better ? Maybe you can pay for it.
2006-11-02 04:50:43 · answer #5 · answered by Anonymous · 0⤊ 3⤋