Trees

Neighbor denies large tree is on their property. Our builder told us when we bought the house that it was the neighbors tree.. Recent survey says it is on their property and the survey markers are still there. A small part of the roots is on our property. Their fence was placed on the other side of this tree, making it appear to be in our yard. The tree was brought down by recent storms. It fell across their fence and is stuck in trees in their back yard. It has been 3 days and they have not come out to talk or look at problem. I know they are waiting for us to clean it up, but it is not our tree. They are not very friendly neighbors and complain about everything, (don't like our mulch, plantings, etc). It will cost about $2000.00 to remove this tree, not counting replacing the fence. Any suggestions? We are willing to share in some of the costs but not the entire cost. Will homeowners cover this since it is on the fence?

The land lord to my next door neighbor wants me to pay for tree limb removal over her property. I have voluntarily removed limbs that over hanged her property before however now she claims that her insurance company will not insure the house with out all of the limbs over her house removed and the tree limbs trimmed back up to the property line. She wants me to pay for this, and says that it is my responsibility. I want to know what my rights are and if I truly am responsible to pay. The tree is in good health and does not pose a risk other than possible act of god issues. Therefor, do I have to pay for tree trimming services for my neighbors property when the limbs overhang the home and property?

Contractor came in three years ago and cut down 50-100 trees in our wetlands...Our 'attorney' said we have to prove that the property value is less now than it was before the damages..We have photos of before and after and the destruction and trees ruined and being hauled away...No trespassing signs posted and ignored. Our 'attorney' said only case is trespassing for 25.00 fine We think this cannot be right The trees that were cut provided noise, privacy and wind barrier and of course were beautiful...tall...some valuable...walnut...Space is now bare and was forested wetlands...Environmental protection wanted nothing to do with this sticky wicket..Developer well known in township for doing what he wants despite laws...We're very frustrated and cannot imagine we have no case.

Legal right to trim Branches of Neighbors Tree Encroaching on My Property?

My neighbor's water oak is leaning toward my property with the majority of branches over hanging our side. The trunk is one inch (1) from our fence at the top of the fence, and right on the fence at the lower part of the trunk. This lower part of the trunk has pushed our fence to the point that the fence is bowing out almost 10 inches from the bottom of the fence up about 3 to 4 feet. The tree is bordering on breaking the fence in half. I have been told by my insurance company to inform the neighbor about the fence problem along with the fact that the tree is lopsided due to all growth of forked branches on our side, the roots from the tree are all on our side too which we've been warned not to damage in any way. The neighbor will not will not answer my calls nor answer her door. I am sure she will not accept any signed delivery receipt of an arborist letter nor lawyer's letter. This water oak was once backed by woods, hence its growth and leaning toward us. The neighbor clear cut woods on our side of the property line except this one (1) water oak. So I have the fence being compromised, via tree trunk, roots, the danger to our life and home due to the overhanging branches from a tree that is well know to come down during high winds or on a whim due to the forks and u-shaped branches. The neighbor, who is very wealthy and savvy(sp)who won't respond, along with the trunk of the tree that is breaking the fence. Upon her visiting boyfriend's invitation I took an arborist over, she never came out, the boyfriend did who was raging mad, verbaly attacking the arborist (who kept his cool to the point of awe) and periodically turned his anger toward me to which I did not respond. He does not own the home, and the neighbor would not come out of the house to talk to us. I have the email where she requested that I send her the phone number of the arborist so she could talk to him. The boyfriend literally screamed 'WE ARE NOT TAKING DOWN THAT TREE, WE ARE NOT TAKING DOWN THAT TREE'. The tree is a managible size at this point for a tree climber to gently take it down. As it continues to grow it will just be harder. BTW, our home was placed 18 feet away from the property line, her home she placed ten feet except her overhang make it 7 feet from property line. Plus we placed our fence on our property not hers, nor right on the line. Bottom line the tree trunk or part of it is on her property, I cannot trim the branches for fear of boyfriend's threat that we better not 'kill that tree', at the same time the tree is inpinging(sp) on my property etc.Rock and a hard place there has got to be a way to protect our home, fence, and not the least ourselves. **please give answer according to Baldwin County Alabama laws otherwise it will be of no use to me.**