How to Address a Hazardous Tree on your Neighbor's Property

 

How to Address a Hazardous Tree on Your Neighbor's Property

 

If you believe that a tree on your neighbor's property poses a hazard to your property, follow these steps to address the issue. Please note that the Township does not have jurisdiction over private trees.

This guidance is simply meant to offer general, practical suggestions based on widely accepted principles. While the information presented here may be useful as a starting point, it should not be misconstrued as a replacement for the guidance of your own private legal advisor, who will be able to offer the most reliable and comprehensive support for your legal matters.

 

Step-by-Step Guide

 

Identify ownership:

Determining the rightful ownership of a tree is a crucial step in resolving any disputes. - specifically, which property the trunk is rooted on. This can be accomplished by carefully examining tax maps and property surveys for the area.

Tax maps provide detailed boundaries and lot lines that clearly delineate where one person's property ends and their neighbors begins; it's possible to identify the parcel of land the tree is situated on and, therefore, whose responsibility it is.

Property surveys, offer an even more precise and authoritative record of a piece of land's dimensions and features. These detailed diagrams can confirm with certainty where the property lines lie, leaving little room for ambiguity about which homeowner the tree belongs to.

Speak to Your Neighbor:

The first step is to have a polite conversation with your neighbor. Explain your concerns about the potential hazard the tree poses to your property. Often, a friendly discussion can resolve the issue without further action.

Send a Certified Letter and a Regular Mail Copy:

If speaking with your neighbor does not resolve the issue, send a certified letter to formally notify them of your concerns. This puts your neighbor on notice of the potential hazard and your request for action.

Additionally, send a copy of the same letter via regular mail to ensure they receive it. This helps ensure that your neighbor is aware of your concerns even if there are issues with the certified mail.

 

Please provide photos of the tree in question and specify the location of the tree, so it can be easily identified and not confused with other trees in the area.  Drawing a sketch or marking on a property survey showing its location can be very useful.

You can use the form letter below as a template. Make sure to include all relevant details about the tree and the potential hazard it poses.

Optionally, send a copy of the letter to the Township Clerk’s Office for notification purposes. Remember, the Township does not have jurisdiction over private trees.

 

Notify Your Insurance Company:

Contact your homeowner's insurance company to inform them of the potential hazard. Be sure to advise them on the steps you have already taken, including speaking with your neighbor and sending the certified letter.

Your insurance company may provide additional guidance or take action on your behalf. They may also want to document the issue in case of future claims.

Seek Legal Advice:

For specific legal advice or if the situation escalates, contact a private attorney who can offer legal counsel and potential courses of action.

Disclaimer:

The Township of Wyckoff provides this information as common-sense guidance. We do not offer legal advice. For legal assistance, please consult with your private attorney. The Township does not have jurisdiction over private trees and cannot intervene in these matters. Our goal is to provide residents with a clear process to address concerns about hazardous trees in a neighborly and responsible manner.

 

Sample Certified Letter Template:

[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date]

 

[Neighbor’s Name] [Neighbor’s Address] [City, State, ZIP Code]

 

Dear [Neighbor’s Name],

 

I am writing to bring to your attention a concern I have regarding a tree located on your property at [Neighbor’s Address]. The tree in question is [describe the tree's location, size, and any visible issues, such as dead branches or leaning trunk].

 

I am concerned that this tree poses a potential hazard to my property at [Your Address]. Specifically, I am worried about [describe the specific concern, such as the tree falling during a storm, branches damaging your roof, etc.].

 

I would appreciate it if you could take appropriate measures to address this issue, such as having the tree inspected by a licensed tree professional and performing any necessary maintenance or removal.

 

I have also notified my insurance company of this potential hazard and sent a copy of this letter to the Township Clerk’s Office for their records.

 

Please feel free to contact me if you would like to discuss this matter further. I hope we can resolve this issue amicably and ensure the safety of our properties.

 

Thank you for your attention to this matter.

 

Sincerely,

 

[Your Name]

 

cc: Township Clerk’s Office