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Monday, September 30, 2013

Who’s responsible for that tree limb?

By George Stephens, CRB, and Charles J. "Chuck" Jacobus, JD | Advice columnists

Dear George: My property backs up to a bank-owned property for sale. A limb from a tall, dead tree in the yard of this property extends over my roof and my chimney. I’m concerned that this limb could fall and damage my house. I sent pictures to the real estate agent who’s selling the property. I've not received an answer. Who’s responsibility is this problem?

Answer: It’s not the real estate agent’s responsibility to take care of the tree’s encroachment. Send the owner of the property a certified letter asking him to remove the limb. It’s a good idea to talk to you attorney first. If the property owner won’t remove the limb, then it’s your responsibility. You might contact the city in which you live to see if someone will remove the tree limb as a nuisance.

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