Legal Question in Civil Litigation in Kansas

I have a big 100 years old pin oak tree and it dropped a limb couple weeks ago. The tree has no visible sign of distress and there was no wind or storm that day so I called arborists. Couple said the tree is rotten inside, and other said pin oaks start loose limbs when they get old, but all recommend cutting down the tree due to the possible danger to neighbors around me. Some limbs are over couple nighbors houses. The cost ranges from $3000 to $7000. I lived here for only couple years and it's a lot of money to absolve all by myself. I have home insurance. Would they have any responsibility to share the cost? Would my neighbors or city be responsible for some part of the cost? I'd like to do the right thing and prevent any possible accidents. I am seeking any advice or ideas. Thanks.


Asked on 8/12/10, 10:14 am

1 Answer from Attorneys
Anthony Smith LawSmith

In a general sense, people own their land down to teh core of the earth and up to the sky. (Of course there are limits as for as mineral/mining and fly over rights held by others) Sense they own it all the way up, they also own the tree brances that extend over their proeprty lines, despite where the trunk is located. As such most homeowner's insurers prefer that their insureds partticpate in pruing large tree branches that extend over their uinsured''s property, over relying ont eh trunk owner to do all the maintenance. Get to know yoru neighbors/ you might find that their insurer will foot part of the bill to trim the tree back. This wil lessen yoru cots of remiving the portion that is over your land.

Good luck

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Answered on 8/17/10, 2:39 pm


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