Legal Question in Real Estate Law in Connecticut

My neighbors tree has fallen and is being help up by my stockade fence. I have approached them about the situation and nothing has yet been done. When it goes down it will wipe out my deck, gazebo, pool and probably part of my roof. 4 mos. again a different tree of theirs fell and did 4,000.00 damage. (that we had to claim on our insurance. They had to pay nothing)

I believe that rather than them having to pay to have the tree cut down they are waiting for it to fall so that it will become my problem, and not theirs.

My concerns are these: Injury to any of my family, damage to my property, having to file another insurance claim and possibly getting dropped.

What can I do??


Asked on 10/15/09, 11:37 am

1 Answer from Attorneys
Linda Subbloie Linda A. Subbloie, Esq.

It isn't clear from your question if the tree actually hangs over the fence onto your property. If the tree hangs over your property then I believe you can cut back that portion that is on your property.

I'm not sure why you didn't make a claim against your neighbor's insurance policy for the previous tree damage. Did your insurance company request reimbursement from their insurance company?

Finally, you may have to file suit against them to do something about the tree. I don't know the value of cutting down the tree, but if it is $5000.00 or less, you could file suit in small claims court.

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Answered on 10/20/09, 1:11 pm


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