Finding laws specific to Colorado is proving difficult. From what I have gathered, I have the right to remove all tree limbs that overhang my property, as long as I don't damage the overall health of the tree. Sadly, this would be my expense, and since the tree is nearly 100ft tall, would be approximately $500 to have it done.

Yes. That is generally how it works. But the laws are municipal laws. There likely is wording in your muni code.

And Siberian elms drop stuff all the time.

However - depending upon your city (you don't say) - you may have recourse under nuisance law, but that means an arborist from the city comes out, cites, etc. and you may be able to have the neighbor properly trim the tree ($5-600+ or (my preference) remove it - $7-800) depending upon the record of complaint, etc.

But a stoner having that kind of money? Sounds like something may happen next year, but in the meantime you need to eliminate any more hazards and protect your family. Look up the Parks Dept of your city and get the City Forester's name and speak to them. It is likely either myself or the better half knows them and maybe can help you with language, as there's a chance we've seen them in the past month.

Bottom line: nuisance law may have standing in your city. Call the Forester first and go from there. You need to get the hazards out from above your family. Now.

Dan

Very good advice, thanks. I'll report back with results.

Law or no law, you have tort law on your side. In other words if someone damages you, you can sue in civil court for damages regardless of whether there is a specific law that covers the situation. Talk to a lawyer.

I just stood under my 55 foot Norway Maple that has a 25" base and 12" thick branches that hang over my neighbors yard. I was fearing the wind knocking a branch into their property damaging their brand new above ground pool.

Wondering if I would be responsible for that.

Same thing futique should think about. Her tree, her insurance should repair the damages. No?

you have tort law on your side. In other words if someone damages you, you can sue in civil court for damages

pinetree, you have to hire a lawyer and sue and be able to prove negligence, which means money and time and a record of request for action or at minimum expert testimony that can be countered.

There may be an ordinance in the OP's city that allows the city to come in and remove the hazard and bill the property owner (Denver, e.g.). There may be a nuisance law that allows the OP to notify the property owner for abatement and provides for action.

First things first. Yours is the fourth step. The first step is the City Forester.

Dan

If the monetary amount isn't more than $4,000(this is the limit in Kansas, it will vary from state to state) then it's to small claims court you go, where here in Kansas you have to represent yourself. You can not be represented by a lawyer in small claims court here. It's just you, the defendant, and the judge. No costs involved other than a minor filing fee. But gathering relevant evidence and having it with you is key, as word of mouth or just what you think(your opinion) isn't going to cut it.

And the stoner neighbor is also probably judgment proof (meaning that even if you spend the time and money to sue her and win, she won't have anything to pay the judgment).

So, save the time and money on officiousness and just hire someone to come out and remove the overhanging branches. It's a siberian elm, so it's not like you can actually hurt the thing. If your neighbor huffs and puffs, ignore it. There's nothing as a practical matter she's likely to be able to do in reponse.

Futique, I think you had an excellent idea about contacting your insurance company. What did they say?

Did you speak to your insurance agent? If not, you really should or you may find yourself unpleasantly surprised.

I'm not sure how it might differ from state to state, but when my neighbors 100' pine landed on my house during a storm, her insurance carrier was not held responsible and would only have taken responsibility if I had proof that I had brought concerns about the tree to her attention.

I had not voiced any concerns and couldn't honestly say otherwise.

My own insurance covered repairs ($16,000) less my deductible and there was no coverage for the damage to my landscape - not an insignificant amount but several hundred dollars.

Any tree not matter where it is first planted that has grown limbs or roots to extend over or under your property is your responsibility to maintain.

That means: If an over hanging branch that extends over your property line falls and causes injury to yourself, your child, or a visitor on to your property, in most states, you are the one who will be held accountable.

In most State of the US there is an often understood and in some cases a written law which establishes the same principle discussed in the above postings and that you even mentioned in your original post.

A property owner has the right to remove any branch of a tree that they desire, as long as they only cut the branch back to their property line. Many states even include the right, if a person deems its needed, for them to install a root barrier along their property line to prevent destructive aspects the roots of any tree that can damage property and landscape.

People generally like this law when the tree is belongs to them, because that means they do not have to care about what kind of tree they plant in their yard.

"Potentially problem causing tree? No problem, as long as the tree will need to grow for many years before it will not bother the one who plants it. After all isn't there a good chance the one who planted it will have moved on and will never have to deal with the problems the 20 year or older tree might cause once it reaches that stage of development"

The prof? You are not mad at the inconsiderate person who orginally planted the tree. What good would all the emotion be, right? So now let's blame the person who actually lives there now.

Bottom line:

Pay to have the dangerous overhanging branches trimmed back to your property line.

25lb or 25 ft?
A 25 pound limb isn't much of a limb.

I live next to a high school in Yuba City, CA, which is in Sutter County. I have five large elm trees at the edge of my property. Yesterday a limb fell just as the kids were getting out of school. No one was hurt, but obviously I'm concerned abount next time! I paid $7,000 three years ago to have them trimmed, and the company went out of business. I cannot afford to have them trimmed again, or removed. The city is not helping. Is there a petition I can file or a grant for which I can apply to request assistance in either maintaining or removing the trees?