Neighboring Property Tree Dying and at Risk of Falling on my Unit

[Nick Weisend]

The neighboring duplex has a tree in the backyard that is very old. Although it is a beautiful, probably 100ft+ tree, you can tell it is dying based on the color. It had very long and thin branches.

My duplex is very close to Lake Erie and we can substantial wind storms here. The branches of the tree hang over my tenants parking spots and they have complained that smaller branches have fallen and scratched their car, as well as a larger branch falling and taking out a section of fencing.

My biggest fear is the tree coming down completely in a storm, based on the angle it’s leaning now it would probably fall right on my garage.

1) I’ve tried to find a contact for the property and can’t find anything. I’m hoping to address the situation with them directly. Does anyone have suggestions for finding contact info of the neighboring owner?

2) Doni have any legal grounds here to force them to take the tree down or to at least remove the branches hanging over my property?

[Matt Moylan]

The best thing to do is begin a log of the dates, times and contact methods you have tried to reach the owner.  Try things like, calling, sending mail, dropping a letter off in the mailbox, getting additional contact info from the city for the property owner.

if you have a log of the number of times and ways you have tried to contact the owner, you have grounds to have their insurance pay for any/all damages caused by the tree.  if you don't have anything to provide, never tried to contact them, or don't have documentation, your insurance (and deductible) would be labile for the damage.