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Often, it’s the homeowner’s responsibility to handle the aftermath when a neighbor’s tree falls on their property. But if a tree has been obviously dead for a significant period of time and caused damage when it fell, a case can be made that the owner should have removed it, especially if the neighbor wrote you a letter about the tree or asked you to take it down. This can be grounds for a successful lawsuit in claims court and is a good reason to always pay attention to your trees and remove dead trees before they fall.

Whether you should remove the roots of a dead tree depends on whether they’re damaging nearby areas. For instance, if the roots continue to grow near sidewalks, driveways, or the foundation of your home, they can cause damage. If you want to plant something else in that spot, removing the roots can make it easier for the new tree or plant to grow.

You should plant trees at least 15 to 20 feet away from your house, and more if the tree will grow large and spread its limbs. Trees pose several dangers to houses when planted too close. They can litter the roof with leaves and branches, create fire hazards, make a ladder for larger pests, and even damage the foundation as their roots grow.

Your neighbor is not in a good position to know if your trees are truly dead or pose any kind of danger. That’s why hiring an arborist or tree service expert can be such an important part of the process. If the trees are still alive and don’t pose any threat, you’re in the clear (but you may want to document and photograph everything in case events turn sour down the road).

But if a tree is visibly dead and near the property line, you should remove it to be safe. If a dead tree falls on a neighbor’s property, they may have grounds to sue for negligence. If any branches on trees have died, it’s a good idea to cut them back for similar reasons.