Overhanging Tree Disputes: Legal Responsibility and Arborist Advice

Legal Basics (General)

If a tree is visibly diseased or dead, the owner is liable for damage it causes, even in a storm.
A healthy tree falling in a storm is an "act of God"—the owner where it lands bears the loss.
Neighbors may prune branches crossing the property line, but they assume liability if pruning kills the tree.

Hire a Certified Arborist for a written health assessment. This documents your due diligence and informs the neighbor.
If healthy: Share the report; offer to have the arborist crown-clean or reduce overhanging limbs professionally.
If diseased: Discuss treatment options (cabling, pest management) or removal. Get quotes from licensed tree services.
If removal is chosen: Hire a professional—don't DIY a 50-year-old ash near structures.

A mature, healthy tree adds property value, shade, and ecological benefit. Investing in its care is usually cheaper than removal and replacement.

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