Can your neighbor sue you to cut down your trees?

Question

I live in Pa and my next door neighbor asked us to cut down our trees. The trees are thin and tall and they almost are like a borderline between our properties. They are in a row of about 10. The neigbors said they are afraid that they will fall on their cars and they will be mad because thier cars are their babies! We were here first and the trees were here before us. do they have a case? Also, some of the trees are dying and small branches do sometimes fall in their yard.

Answer 1

I live in FL and a few years ago after a hurricane, I think Floyd, A huge oak tree in our back yard fell and landed along the property line of me and my neighbor behind me. They wanted to prove that the tree was sick and even claimed they had a tree doctor come look at it and diagnose that it was sickly, to have a civil case drawn up for us to replace their fence. (a picket fence behind our chain link) The tree obviously still produced large green branches before it fell so it wasn't just a dead tree. In this case they had no case against us.

For your situation, you are not liable for a tree falling and destroying their vehicle. Thats why auto insurance companies offer coverage against these accidents. Them suing you because a tree limb fell would be like me suing the state of PA for a downed tree on the highway that flat my tire. Now if there is proof that the tree limbs were dead or liable to break away from the tree then it will be seen as negligence and they would have a case.

I hope that Helps

Answer 2

Figure out what you are willing to do in this situation. Go to your town clerks office and inquire about any ordinances regarding the matter. The place you live may have a code that requires you to do something about it. Personally I would put forth enough effort to make sure nothing serious happens (ie tree falls on person, house, car), but not enough where I am going into serious debt to sooth someone else's insanity.

Also I would also check the tax map and see where the property lines actually are. It might be a case where the trees are on their lawn.

Answer 3

I would have the dead trees and branches taken care of, but if there cars are such babies why are they not in a garage? By the way, even if your tree does fall in their yard it is their responsibility to get it removed, it your trees damage their cars its their insurance that pays, same if the tree falls on their roof. But be a nice neighbor now.

Answer 4

They can't make you take down your trees but it is YOUR responsibility to keep them trimmed when they fall over the neighbors property line - and to keep all branches and leaves cleared off his property.

If you KNOW the trees are dying or dead, then you must remove them. If the dead trees fall on to his property and do damage, you will be responsible for payment.

Answer 5

A new law came into the U.K last year allowing a neighbour to sue you if your conifers are over 6 feet tall. They have to pay a fee of £200 to continue the claim but get that back from you after you are ordered to cut down your trees to a reasonable height.

Answer 6

If you were in the UK and your trees were a danger you would have to remove them, or at least have dangerous branches removed - it makes common sense doesn't it?

Also the neighbours would have the right to remove overhanging branches, and throw them back on to your property - because they belong to you and they are your resonsibility.

Only time problems may arise is if they have preservation orders on them, but they would still be removed eventually if they were a danger to others. Surely it is common courtesy to protect others from anything that you are responsible for.

MUST ADD
Just looked at answers following mine - Sirbobby to be precise - doesn't that just typify the attitude of derision that lawyers seem to have for the general public??

Answer 7

Just have a tree service trim them if needed and set up a tether on your side of the property so that if they fall they will do so in your direction. Unless they are INSANE they would never sue you unless the trees actually fell.

Answer 8

actually, in my opinion, they can't sue you because those trees are in your property. but if a branch fell out and crashed down their car, i think you would have to pay for the damage since it's your own tree that caused the damage. but i think you should have insurance whatsoever to help.

Answer 9

Your neighbor cannot sue you for what might happen. However, trees on your property are your responsibility and if the tree or any part of it falls on to your neighbor's property you would be responsible for any damaged caused. If you refused to repair the damage, your neighbor could sue you to force you to make the repairs.

Answer 10

I believe that if the trees pose a threat to danger they can sue. Also, if the trees are hanging on their property, they can cut them.