Auto Insurance Claims: Tree branch, certified mail, neighborly approach

Question
Hello,
I live in a multifamily dwelling and there is an old tree rooted in the
neighbors back yard with it's branches extending into my back lot. Several of
those branches are dead/ dieing. I had read that owners of city properties are
responsible for their trees and the care and upkeep. I am worried that a
branch might fall and damage a vehicle or injure someone.
If i am to present the owner of the adjacent property with a request to cut
them down and take photos of those that might fall on our vehicles. Would
that in any way safe guard a claim against them if the branches do eventually
fall in my property?
I realize that i could have them removed through my home owners assoc. but
i would rather see if the responsibility lies on the neighbors behalf.
Any help with my particular situation and circumstances is greatly
appreciated.

Answer
Hi James,

You can first try the neighborly approach by knocking on your neighbors door and advising him of the situation. If you do not feel comfortable with that, you should send him a letter by certified mail and regular mail advising him of the situation and the fact that now that he has been advised he accepts all responsibility for any damages that occur. You should also take pictures of the tree and its branches that are hanging onto your property. If your neighbor is also a part of your community association, you should send a copy of the letter to the association. That way they will also be on record that a dangerous situation exists and they may contact him to remove the branches. If it is truley a dangerous situation, you have an obligation to mitigate any possible damages by having the overhaning branches removed. You can then demand that your neighbor pay the cost and if he refuses you can take him to small claims court.

I hope this helps
Richard Hixenbaugh