Steps to Take When A Neighbor's Tree Threatens Your Home

Your neighbor's tree looks like it's going to fall on your house. Here are three steps of what you should do: 

1.  Talk to your neighbor.  Landowners are responsible for inspecting and maintaining the trees on their property. If your neighbor does not remove the dangerous tree, and the tree does in fact cause damage, your neighbor can be held liable. If you have spoken to your neighbor about the tree issue, and he has not done anything about it you do have laws that protect you.

2.  Call the electric company and/or the city.  Most cities have ordinances prohibiting property owners from keeping dangerous conditions on their property. If you call your municipality, they may remove the tree themselves or order your neighbor to do it. Utility companies may also have an interest in the tree's removal if the tree's condition threatens any of its equipment. A simple call to a utility company may prompt them to remove the tree themselves.

3.  Take the neighbor to court.  You can file a nuisance claim.  The tree may constitute a nuisance, by interfering with your use and enjoyment of your own property. You could file a nuisance claim, and if the court finds that the true is a nuisance, the court may order the tree removed. Hopefully, you will not have to go that far. 

Ken Jorgensen, California Attorney
www.fresnolawgroup.com