Ugh - the part that's in your yard may be your responsibility - which is what our city ordinances are here.

I think focusing on the result you want may override fairness. If there seems no other way to get it done, offering to help, or taking care of it with their permission may be the best choice.

Of course you could try legal action, but that will cost too, won't it? And you may or may not prevail.

What do the other affected neighbors say?

It will depend on the laws in your state. In mine, unless someone is made aware that they have a hazard tree and take no action, they are not liable for damage to anyone else's property. If they are notified, or have knowledge that the tree is a hazard and it does damage, then they are liable. You could talk to your insurance company about coverage. Maybe they would duke it out with the neighbor's insurance company. Sounds like you have a lawyer to consult, which is what you need if no agreement is reached.

Yes, their tree but your yard so around here you would be responsible for removal. My tree fell in my neighbors yard but i did the neighborly thing and had it removed at my expense.

Your lawyer should send them a letter saying the trees are hazardous and they must be responsible for future removal and damage. Thats how it works here.

Here, it is your responsibility if a neighbore's tree falls in your yard. If it hits your shed or building, your insurance will pay to remove and repair the building, less the deductible. If it just falls in the yard and does not damage property, the insurance will not pay anything. They will not make the nieghbor pay or do anything.

As olychick said, it is different in every state. I would call your insurance and find out what the laws are where you live.

Here, it is your responsibility if a neighbore's tree falls in your yard.

Generally that is true, unless the neighbor knew the trees were dying or otherwise unsafe and did nothing. If the tree then falls and does damage, tree owner is liable.

https://law-injury.com/blog/other-legal-faqs/trees-neighbors-and-the-law/#:~:text=If%20a%20neighbor's%20tree%20falls,dying%20and%20likely%20to%20fall.

If a neighbor’s tree falls onto my property, can I hold them liable for damages I sustain?

It depends on whether you can prove that your neighbor was negligent.

To prove negligence in this context, you would have to prove that they knew or should have known that the tree was dying and likely to fall. You would also have to prove they then failed to take reasonable actions to prevent the tree from causing damage to your property.

If you are concerned about a neighbor’s dying tree damaging your property, try to discuss the matter with them.

If discussions are not productive, take photographs and send a letter to them addressing your concerns.

Keep a copy of the letter and the photographs. If the tree falls onto your property and someone is injured or property is damaged, you will have evidence that your neighbor was negligent.

In other words, they do not have to do anything and you would need a lawyer and still my not win.

It's been too long ago to remember, but I think I remember hearing that if you can prove that they knew they were going to fall, they are liable. But you also have to prove that they own them. It would be really hard to prove that they knew that they were going to fall. I'm pretty sure that it's your responsibility. But only your insurance and your laws will be definitive there. Best of luck!

In other words, they do not have to do anything and you would need a lawyer and still my not win.

Legal statute and theory are the basis for claims. Providing proof is almost always part of any civil claim, excepting things like res ipsa loquitor. The proof bar in civil claims is 'more likely than not' much easier than proof needed for criminal claims. A copy of a certified letter sent to a neighbor detailing the reasons why the letter writer is apprehensive is a good piece of evidence. You do not need a lawyer if the case is eligible for small claims. Plenty of tree cases are taken to small claims court.

Yes, photos and so on, are always good to have if you are apprehensive about a tree.

Good advice here. The tree that fell in your yard is your responsibility. Letter to the neighbor is needed to inform them of their need to address future risk as it will be their responsibility for removal and/or damage caused by one of their trees falling on your property.

What they ^^^ all said is my understanding of how it works here. You’re stuck with this damage but send them a regiatered letter about the rest and you'll have a better case next time.

In our area if your neighbor's tree falls in your yard and damages your property or buildings - your homeowner's takes care of it. However if the owner is aware that the tree is hazardous then they are responsible.

At my last home my next door neighbor had a huge oak next to the property line that was dying due to bacterial leaf scorch. The entire township had been dealing with this problem for years. If the tree or large branches fell into my yard they could damage my pool equipment, shed, pool and perhaps our home as well. When I mentioned tit to my neighbor he said he'd think about it.

I called my insurance company and my agent said to send him a certified letter with a signed receipt.

I asked the arborist who is head of our Shade Tree commission to examine the tree and write a report which I included with my letter and photos.

I hope your neighbor steps up and takes care of the tree.

Here it is the same as olychick stated. We had a neighboring tree that was dead and leaning toward our property. We sent them a certifed letter informing them and cc'ing our insurance co. They took care of it, but had they not, they would've been liable as we could prove notification.

But insurance laws vary by state...your lawyer should know.

In any case, if it's on your property or overhanging your property line, you can cut it.

Here, you can cut a limb overhanging your property, but if you do so without permission and your trimming ends up destroying the tree you may have some liability.

Here is a picture of an emerald ash borer from the OP's post. It is unfortunate that it is so destructive as I think it is rather pretty for a bug. And it has an emerald ash, as advertised.

Ditto what others have said about laws varying state-to-state. You will most likely be responsible for the tree debris in your own yard. I wiuld look into the HOA having the remaining trees removed if possible, and maybe all adjacent property owners going together to help pay for removal. Put everything in writing to your city and to your neighbors. As mentioned, take photos and provide with the documentation.

We don’t have the official fire report yet for our lake condo, but from what we’ve been told, it was determined that the power line which fell on the condo adjacent to ours was still live due to a fault with a switch that should have cut off when the line went down. If that is true, we/the condo association may be able to go after uninsured damages (i.e., deductibles, etc) if the utility company equipment failed.

chisue, stick with your lawyer's advice. Tree and property laws can vary from place to place. Those suggesting how it is where they live are trying to be helpful but may or may not be giving you useful information.

Edit to add - tree rules in my area can vary from one city/town to another nearby.

Are they add debarked? There are rules to prevent spreading. DH would just go out and take them all down, and start a big bone fire. We live in an area of large lots and tons of trees--which often lose major limbs when it blows. Get a saw. It's really not that difficult. Here and in the neighboring states if the tree does damage the owner of the tree pays--their home owners insurance. Ignorance is no excuse. Its their property, their tree, their liability.

Thanks to you all. It does appear that we're stuck removing the debris in our yard -- according to Illinois law. (Why our lawyer didn't say so is beyond me.)

At least the registered letter he sent should be proof that we notified them about the rest of the dead trees. If Mr. X allows them to fall, those will be his responsibility. Whether he steps up to do the right thing is another story.

We've started calling tree removal companies for bids. One is called "Final Oaks"!

I'd like to have the 'remains' dumped over the fence, but will restrain that thought. I know the largest part of the cost is the hauling and disposal.

It'll be good to get it behind you. I'm sorry this happened to you.

Just don't understand folks that have to get on a thread and say ask your doctor or ask your lawyer. I feel like most of us are just venting, and would like to know what the process might possibly be so we can be prepared. I just don't think any one of us is dumb enough to follow internet advice rather than talking to a doctor or a lawyer. So it's a moot point to log on and say it 🙄

There are a lot of trees in your town and people take that seriously. I wonder whether the new owners had an arborist out when they moved in? We did, and glad we did so.

Do you have power line near those ash trees? If so, you could try to contact power company. My previous house backyard neighbor had power company to cut down 8 big ash trees for free, the power company cut down 90% of trees, left about 15’ tall tree trunks , and then the neighbor paid tree services to removed tree trunks. That’s much cheaper than cutting down 8 huge trees. We didn’t know power company would do that. We paid a lot to cut down 4 big ash trees that were near the power line and property line.

Nope, no nearby power lines. Our lines are underground.

This morning I had a call-back from Mrs. X. I hadn't known that they only moved in a few months ago, nor that it was a short sale, although I might have guessed from the sale price. They may not have been aware of the line of dead trees as they concentrated on the many more obvious problems IN a house being run on a shoestring for several years.

Mrs. X was all, "sorry", and several times said they "are responsible people who want to be good neighbors". She and her DH have both used the term, "heavily wooded area" to describe this line of 10 - 12 elms and others. (They are new to the suburbs.) She said her husband will call us.

I'm sorry for this young couple to have inherited the dead tree problem. Short sales are often full of surprises!

One bid so far to remove the one already-fallen tree: $1500.

They might be short of funds on repairing the house this winter since these young couple just moved in. Do you have Amish people near you? They might take a whole tree for wood. Also you could post a message on Nextdoor app, see if anyone wants firewood. I know a neighbor who sells firewood always looking for free trees.

Nobody wants these long dead and disintegrating hulks, but thanks for the idea.

Second bidder was just here: $650 if he can pile the remains along the back fence of the HOA; $300 more if he hauls it away.

Two more calls in to other tree guys, or should I say "loggers"?

I am in a more moderate COL area than you are, I think, and $950 to have it all removed sounds like a bargain!

I'm in timber country where heavy equipment is readily available with experienced operators and I think I'd pay more than $950 for a complete tree removal but with stump ground down.

Chisue, I'm sorry for your expense and inconvenience. We did have a neighbors tree on our house in a storm one year and it was not a tree I'd ever given 2 seconds thought to. A towering pine twice my age that I assumed would be there another 100 years. So I clearly hadn't given anyone written warning I had concerns - I'd had no concerns. My insurance, not hers, paid for some damage to my roof (one year old) and installing a complete new chimney. The removal and damage to some of my landscaping was on us. You'd mentioned fence, did your neighbors tree take out a fence? There might be some coverage there for something structural.

Ash trees, ugh! Can’t give them away here.

Thanks for the commiseration.

I think the $650/$950 is fair to deal with the fallen tree(s). That man discovered that a 14" tree, part of this cluster, is actually on *our* property -- another $450 if no hauling away. This is behind a giant juniper that must have been there since at least 1950. I'm concerned about damaging that.

morz8 -- Our seller had installed an inexpensive wire fence around the back yard to deter deer. She added a chain link gate towards the SW corner to access the HOA conservatory, although it is actually where our lot abuts the X's property.

I so hope that the X's will break the chain of difficult neighbors. The first and second owners were, er, unpleasant, and the HOA was a Cheshire Cat, all smiles while fading to invisible at the idea they'd have to pay for anything.

Are you and the neighbors property part of the HOA? Or just boundary with HOA land? It sounds like you are bordering, but I'm not sure. It also sounds like some surveys need to be done, if they haven't already. Having a plat map is great, but can be pretty pointless on the ground if there aren't any survey markers out there to confirm. More than one party has been playing the hands off with the spot, it should be confirmed who is hands on with it.

Sue, if you need any picnic tables, you could have the tree service to cut the trunk to table leg length and to make an extra long unique picnic table (wood boards on top). That’s what I am planning to do with a falling maple trunk.

Some people leave a good portion of the trunk and have it carved!

Clever ideas, but the downed tree -- and its fellows yet to fall -- died about 15 years ago. IDK how viable the wood would be. Anyway, GONE is the result we hope to see -- all of these dead trees gone, no longer hazards, no longer eyesores.

beesneeds -- You have the picture. This area was originally farmland. Decades ago farmers dug a 20-foot deep ditch N-S along an existing stream to drain the land. This so-called 'river' is our eastern border. It continues many miles south to eventually join the Chicago River.

Our southern lot line borders the X's for about 35 feet to the west, then the HOA property for another 190 feet east to the ditch. The HOA property is in conservancy, a couple acres of grass with a few more trees, some alive! A trickle of water runs through the ditch year round -- saving some springs when the ditch can run wild and even overflow. Our first spring here, we saw a couple kayaking down the ditch, a one-off far as I know. Only the extreme SE part of our lot has ever held water.

When I bought this house, my only stipulations were to have all of the tree trunks razed to the ground. They left them cut at odd heights. But my absolute favorite was the one that landed in the middle of my chest (I'm not tall, but I'm not short either), after they added a table top to it. You couldn't have sat at it? Or stood to drink your beer? What were they thinking!!! I should've put someone next to it for size. It was D-U-M-B

Maybe they used it for something other than humans to sit or stand eating/drinking at? Maybe a stage for loading/unloading a truck, a stand for decor, wildlife platform feeding, observation deck for weather equipment, drying table for various things. Somewhere to set things outside and keep it out of the reach of pet dogs or other shorter ground walking wildlife.

Uh no. I should show you all the stupid things they did around here, most of which I've undone. There is no way they did any of that. I actually know who used to live here.

Though, you made me think of him when you made your suggestions 😉

rob -- Thanks for the photo and the laugh!