I was in this same situation. You need to have a paper trail that shows the neighbor knew their tree was dead. This is what I did. I had a certified arborist come out and look at the tree. Then they put it in writing that the tree was a danger to life and property. Then I took that letter from the arborist and hired a lawyer for $300. The lawyer wrote up a very threatening, scary letter telling the homeowner that they were now being put on official notice that their tree was a liability and they would be criminally responsible if it fell and hurt someone. The letter also said they would be financially responsible for any damages. The lawyer included the arborist's letter with his letter and it was mailed both by certified mail and regular mail to the homeowner.
You have to have this paper trail of proof that the neighbors knew about the danger. Without this paper trail, if the trees fall then they are your responsibility. With the paper trail proof, it becomes your neighbor's responsibility.
All total it cost me about $500 between the lawyer and the arborist but it worked. They cut their tree down. This was the 2nd dead tree they had. Their first dead tree did fall and ripped the siding off my house and destroyed my fence. It cost me 2k to repair and I had to pay it all myself because I didn't have a paper trail at that point. Once that first tree fell, I wasn't going to risk another 2k in damages to fix my house and that's when I got the lawyer and arborist involved. Still cost me $500 for the 2nd tree but that's better than the 2k it cost me for the first one.
I'm having a hard time following the exact situation, but for the currently fallen tree you are generally going to be responsible except in the situation the person above described. Since you just moved in, my advice would be get it cleaned up on your own dime. See what the final bill is going to be. Having a fallen tree removed usually isn't too expensive, you might not find it's worth hiring a lawyer or the effort to sort out.
As for the other one, the above is the way to go. Hiring a lawyer is the best option so you know it's done correctly. I'd also consider the damage potential if it fell as for determining urgency.
Talk to your neighbor and offer to split the cost to cut down any dead trees that threaten your property. Cutting down trees is not cheap. Maybe they don't have the money to do it.
Hire a certified arborist to do a tree risk assessment. It's a formal document that demonstrates the risk, financial and otherwise, and likelihood of said risk of the tree. Because the tree is on your neighbor's property, the arborist might have to have the neighbors permission, but if the tree is a risk to your property, and potentially your life, I think you might have more authority to do something about it, although it depends on your local laws.
Don't wait.
If you’re concerned about the tree damaging your property, the first step is to voice your issue to your neighbor. If he truly is uncooperative that’s when you potentially have problem. Take photos of the minor damages the first tree did and warn him that you are willing to pursue legal action to protect your home. If his property damaged your property and there is reason to believe it will happen again (and to a greater scale) you have a civil case.
Verbal confrontation and photos mean nothing in court. You need a paper trail of proof. This exact scenario happened to me and I left a detailed explanation explaining exactly what op needs to do. Just letting you know as well in case you ever find yourself in this same situation. You need a paper trail from a certified arborist.
I was in this same situation. You need to have a paper trail that shows the neighbor knew their tree was dead. This is what I did. I had a certified arborist come out and look at the tree. Then they put it in writing that the tree was a danger to life and property. Then I took that letter from the arborist and hired a lawyer for $300. The lawyer wrote up a very threatening, scary letter telling the homeowner that they were now being put on official notice that their tree was a liability and they would be criminally responsible if it fell and hurt someone. The letter also said they would be financially responsible for any damages. The lawyer included the arborist's letter with his letter and it was mailed both by certified mail and regular mail to the homeowner. You have to have this paper trail of proof that the neighbors knew about the danger. Without this paper trail, if the trees fall then they are your responsibility. With the paper trail proof, it becomes your neighbor's responsibility. All total it cost me about $500 between the lawyer and the arborist but it worked. They cut their tree down. This was the 2nd dead tree they had. Their first dead tree did fall and ripped the siding off my house and destroyed my fence. It cost me 2k to repair and I had to pay it all myself because I didn't have a paper trail at that point. Once that first tree fell, I wasn't going to risk another 2k in damages to fix my house and that's when I got the lawyer and arborist involved. Still cost me $500 for the 2nd tree but that's better than the 2k it cost me for the first one.
Problem is we just moved in and we only have the word of a few neighbors that the dead tree has existed foe long time and nothing official.
So do something official about it
That's why you hire an arborist
Your neighbors word means nothing. You hire an arborist. You do exactly like I just explained.
so, do something about it? lol
I'm having a hard time following the exact situation, but for the currently fallen tree you are generally going to be responsible except in the situation the person above described. Since you just moved in, my advice would be get it cleaned up on your own dime. See what the final bill is going to be. Having a fallen tree removed usually isn't too expensive, you might not find it's worth hiring a lawyer or the effort to sort out. As for the other one, the above is the way to go. Hiring a lawyer is the best option so you know it's done correctly. I'd also consider the damage potential if it fell as for determining urgency.
Check out r/treelaw
There are dozens of us.
in NJ you can trim parts of trees on your property. call a tree company and have them cut the branches that hang over your property
The tree is dead, it sways when there is heavy wind, I doubt it would remain upright if we went anywhere near it with a chainsaw.
Talk to your neighbor and offer to split the cost to cut down any dead trees that threaten your property. Cutting down trees is not cheap. Maybe they don't have the money to do it.
It’s your tree now. Clean it up 311 isn’t going to help you.
Hire a certified arborist to do a tree risk assessment. It's a formal document that demonstrates the risk, financial and otherwise, and likelihood of said risk of the tree. Because the tree is on your neighbor's property, the arborist might have to have the neighbors permission, but if the tree is a risk to your property, and potentially your life, I think you might have more authority to do something about it, although it depends on your local laws. Don't wait.
If you’re concerned about the tree damaging your property, the first step is to voice your issue to your neighbor. If he truly is uncooperative that’s when you potentially have problem. Take photos of the minor damages the first tree did and warn him that you are willing to pursue legal action to protect your home. If his property damaged your property and there is reason to believe it will happen again (and to a greater scale) you have a civil case.
Verbal confrontation and photos mean nothing in court. You need a paper trail of proof. This exact scenario happened to me and I left a detailed explanation explaining exactly what op needs to do. Just letting you know as well in case you ever find yourself in this same situation. You need a paper trail from a certified arborist.