Legal Question in Real Estate Law in Oklahoma

Tree trimming, negligent neighbors

Over the last two years a live tree owned by my neighbor has dropped three large limbs onto my house. Each event caused significant damage and carried with it the potential to injure. Qualified experts have told me that because of the condition of the tree it will happen again. Reputable tree trimmers refuse to trim the tree for me due to concerns about liability (to make the tree safe would also kill it). The insurance companies are fighting about damages, but the threat continues. My neighbor says he'll trim in the fall. A real disaster could happen by then. The City isn't interested. Any ideas? Please help!


Asked on 6/24/02, 4:06 pm

1 Answer from Attorneys
Hunt John Urgentlegalcare.com

Re: Tree trimming, negligent neighbors

Thank you for your question. One option that immediately comes to mind would be to sue the neighbor to require him to abate a private nuisance (remove the tree) and for damages including perhaps emotional distress. The law allows you to cut the limbs that are over onto your property. Under certain circumstances you may go onto your neighbor's property and remove a nuisance after giving him notice of your intent and as long as it does not result in a breach of the peace. However before doing anything you should review the facts and evidence with an attorney and follow their advice. A letter from an attorney might get the results you are seeking.

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Answered on 6/25/02, 12:59 pm


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