Q: Neighbor wants trees cut down on lot next to them
My father owns a water front lot next his sister in law, her lot has a house, my dad's is undeveloped, there are two trees which are leaning, she thinks they are going to fall and hit her house, my dad and several others that looked say they won't hit her house there are trees on her lot blocking the way and they are to far to hit her house. She will not allow anyone on her property to access the trees to remove, my dad offered to have it done. She wants him to cut a road in to have it done. She is to the point of harassing him (he is 86) and sending a certified letter wanting to know what he will do. We think she will try to sue him. The lot is deeded in joint tenancy with my dad , me and my siblings. Any advise would be appreciated.
A:
I assume (hope!) you have insurance to cover liability if something bad does happen.
That said, "I'm afraid" is not a valid reason to sue. You have to have suffered actual damages.
In THIS case, the fact that this discussion has happened may make your insurance company
deny a claim if the tree falls and causes harm (you KNEW there was a risk and refused to fix
it) but it certainly can't lead to a lawsuit ("I am afraid the tree might fall and hurt me") unless
the tree actually DOES fall AND damages something.
There is a LOT going on here to unpack to provide actual legal advice however, so it would make some sense to talk with a real estate attorney in the area to know for sure what to expect. I'm not sure why, for example, the neighbor's permission is needed to get access to the property. Is there no other access/easement? What value is the land if it can't be accessed? In short, WAY too much going on here to get advice on the 'internet' .... If you are really concerned at this point, it is worth the time and effort to get real legal advice!
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
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