Legal Question in Real Estate Law in Iowa

There is a tree that straddles my property and my neighbors. About 1/8th if the tree trunk is on my property. My neighbor has gotten an ultimatum from his home owners insurance that he must take down the tree. He wants me to pay half, but I feel that I should pay considerably less because 1 only a small percentage of the trunt is on my side of the property and 2 I dont have an imperative to bring the tree down. What is my liability?


Asked on 6/20/11, 8:10 pm

1 Answer from Attorneys

Robert Luedeman solo practitioner

If your neighbor's insurance is telling him he needs to take the tree down, then he needs to do it whether you contribute or not. The more appropriate question would be on whose side of the line the tree was before it overgrew the property line. If the answer was "on his side" it's his problem. Then again, don't expect anyone over there to be nice to you ever again.

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Answered on 6/21/11, 8:18 am


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