Homeowner thwarted in efforts to address neighbor’s large tree
A: First, talk with your local television station and see whether they’re interested in a story about the lack of response from your local government. Years ago, when I was in college, I worked for a local paper in Cicero, Ill. Believe it or not, a cow that was being transported by rail fell off the train and was lying in the middle of a city street. The city did nothing about it; our paper published a picture of the dead cow on the front page, and by 8 a.m. that day, the cow was removed. Your elected officials want to be re-elected; try this approach.
Next, contact the city health department. If the tree owner’s house is in such a bad condition, the city may decide to condemn.
Finally, consult an attorney. I once represented a couple who had a similar problem with their nextdoor neighbor. My clients were concerned that if they merely trimmed the overhanging branches and chopped off the encroaching roots, the tree would fall, hurt someone and damage property. Accordingly, I filed a nuisance suit against the neighbor, and the judge issued an order requiring the tree to either be removed or properly cabled so it would not fall.
If you get such a court order, the neighbor would have to comply or be in contempt of court. In such a case, the court could require the house to be sold to satisfy the court order.
Keep in mind that I cannot provide legal advice. Discuss your options with a local attorney.