A creek and a thin strip of land (not ours) separate our property from our neighbor's. There is significant erosion around the creek and the county offered to stop it (by placing wires and removing trees) but our neighbor declined. He wants to redirect the creek so that his yard has more sellable land (he sees it as his retirement money) . The county has told him that he may not redirect the creek due to waste water ordinances.

Since the erosion is not being treated, the large trees on my neighbor's side of the creek are falling on our property. (5 so far). Some take down the power lines and some threaten our safety (they could hit our house, car, or outside playing children.)

When his trees have fallen on our property before, OUR insurance company has had to pay for their removal. What, if anything, can we do legally to get him to remove these hazards?

Are the trees living and healthy?

What causes them to fall down?

Most of the trees are living although some are dead. The erosion of the land around the creek is removing the soil base necessary to support the trees. Their roots get exposed, they lack grounding, they fall over. Our neighbor has agreed that the erosion is severe (and the cause of the tree toppling) and says that this is the reason why he needs to redirect the creek.

If you can prove in a court of law that these trees toppled due to your neighbor's negligence and caused you damage, you would have a case for trespassing.

Consult a real estate lawyer for details.

If any part of the tree hangs over the property line, you have the right to cut that part which is directly above your land, as determined by a plummet. It is defined as your property in all states.

This can make the tree heavier on the other side.