Legal Question in Real Estate Law in Michigan

A tree alongside the fence (trunk is in my neighbor's yard) appears to be diseased/dying. It's very big (around 50ft. tall). If it damages my property when it falls, are my neighbor's liable or do I (my insurance) have to pay for all repairs? I spoke to my neighbors about it and offered to pay for half of the removal fee, they said they'd get back to me and it's been two weeks now. Big branches are falling and I'm starting to get nervous about my home!


Asked on 7/25/10, 5:18 pm

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

Send them a registered letter detailing your concerns about their tree.

Contact your insurance company and ask them what coverage you have in the event that the neighbor's tree damages your home.

If you are concerned that the tree is a hazard to your safety, you should have a lawyer file for an injunction to force them to take the tree down. Be prepared with photos and dates that these branches fell off. You may want to have a tree specialist evaluate the tree, and confirm in writing that the tree is diseased/dying. If the court is convinced that this is a private nuisance, that has potential for imminent harm to either person or property, the judge should order them to take the tree down.

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Answered on 8/01/10, 7:40 am


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