One of my neighbor's spruce trees (there are 14 along the property line-some 70 feet tall) fell and damaged my 12x24 shed. I have filed a claim with my homeowner's insurance.
1. Can I file a claim in Small Claims Court to recover my $1,000 deductible?
In the past, I had notified my neighbor by certified mail that these trees are dead/dying and are a serious threat to my safety and the safety of my property. My house is about 15 feet away from the property line. This is the second tree that fell and caused damage to my property (house and shed.)
2. Can I file a claim for a "Private Nuisance" to FORCE my neighbor to allow ME to PAY to have these trees cut down?
I have offered to pay to have these trees cut down several times over the past few years. The neighbor has not given me permission to have the trees cut down. I will be obtaining a statement soon on the health and threat to me and my property each of these trees poses to my property. The threat has increased over time. All are either dead or dying. The tree that damaged my shed was dead. I have had overhanging branches of these 14 large trees trimmed. I have not been able to fully enjoy my property or feel safe for several years.
3. Is this a "Private Nuisance" and what kind of a lawyer should I contact to learn if I can get help?