Legal Question in Civil Litigation in Colorado

Neighbor's Trees Taking Over My Yard

I live in an older neigborhood in a historic section of Colorado Springs, Colorado. My neighbor's trees, which run along my property line (in his yard), are taking over my backyard. They not only dump huge amounts of leaves and other waste on my lawn, they are drooping over my fence and onto my roof (cloging the gutters). The sap has ruined my patio set and flagstone patio. The branches hang so low that it is difficult for me to mow my lawn or even exit my back door.

The trees need to be trimmed and I'd like to know whose resonsibility it is to pay for the trimming. Me or my neighbor (the owner of the trees)? I don't want a legal battle, I just want my back yard back without the large expense of having to trim his trees.

Thank you in advance.

--name removed--Sorrentino


Asked on 9/05/07, 4:51 pm

1 Answer from Attorneys
Philip Rosmarin Rosmarin Law Firm

Re: Neighbor's Trees Taking Over My Yard

If you're in a recognized historic section, there may be covenants respecting the trees. Call the city clerk and ask who you talk to, to find out.

If there are no covenants, the owner of the property on which the trees rise from the ground is responsible for their maintenance, and any damage to your property.

Good luck.

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Answered on 9/05/07, 6:28 pm


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