Legal Question in Real Estate Law in Colorado

Responsibility for tree maintenance?

My neighbor's tree is overgrown and has now grown onto my roof. I would like to have this tree trimmed before my roof is damaged by this tree. Who's responsible for paying for the costs of trimming or removing the tree?

Asked on 9/07/00, 1:17 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Responsibility for tree maintenance?

You are not required to wait until damage is done before protecting your property. You have the right to cut off those portions of the tree which cross your property line. This you should do, as the law requires you to take such actions as are necessary to mitigate your damages.

The economic responsibility for the tree cutting is that of the tree owner. If you attempt to require him to do the work or have it done, however, you run the risk of his refusal.

You are much better off to solve this with him informally if you can and, if not, then pay the bill and take the matter to small claims court.

Read more
Answered on 10/07/00, 10:02 am

Related Questions & Answers

More Real Estate and Real Property questions and answers in Colorado