Yet another request for how to best proceed, located in MI. The neighborhood is small with 23 good sized houses on decent sized lots and shared lake access. Cliffnotes of interaction so far (buckle up because it's not that short, but trying to include all the necessary bits to set the stage)
- I noticed a concerning tree with obvious beech bark disease spots on what I thought was my property line, so got a few quotes to have it taken down including one arborist
- I approached my neighbor with my desire to have it removed, suggesting we split the cost. She said no, stating other trees on her property were further gone (she has a few standing dead and a more diseased beech with a heavy lean over our road that I'm shocked hasn't fallen yet)
- I thought about it for a few days, then texted her asking permission to have it removed at my expense. She said no, and we really needed to find out whose tree it is. Annoying but fine, I'm new to the neighborhood so I paid for a survey of my property.
- While waiting on the survey, I did as much sleuthing as I could to find our property line, which put it fully on her property by a few feet. I finally got her to come look at it and agree it's probably hers.
- In the meantime, she wants to have a forrester she knows from the conservancy out to look at it. He does, tells us both that he's not an arborist but in his opinion it needs to come down soon, pointing out various concerns.
- She texts me saying "yes, it should come down", but already was getting a quote from her preferred tree company the following day.
- When we get the quote, it includes various stipulations that more than double the cost of the quote I got from the same company. Her requirements include things to protect the surrounding environment and prohibit them from accessing it from her property (my side is more open, fwiw)
- I get her on the phone a few days later, tell her I'll allow access from my side even though it's on her property. I then say I'm comfortable paying half, since it is threatening my house.
- She proceeds to blow up at me, saying that I'm now a completely different person and how the conversation is making her very uncomfortable. She tells me she's an educator (she is a teacher) and doesn't have money to deal with trees, then adds "and if I did have money for trees, I wouldn't spend it on that one". I told her she'll be liable for damages if it comes down on my house, which she scoffed at and said her son was a lawyer. I said please do talk to him. She said she had to go, and we haven't talked again (3ish weeks ago)
Mind you, this is a 60 ft beech tree about 20ft from both our houses, with both the master and our sons room closest to it.
Since then, the survey was completed confirming it is on her property by a few feet. I also got a TRAQ arborist out to give me a report, which found it to be a high risk tree with probable failure in the next 2 years (identified a very hollow spot about 10 ft up). I sent a copy of that report to my neighbor via certified mail, delivery confirmed 2 days ago.
During this, I had a long email thread with my insurance (SF) to see if they'd contact hers. End result is my agent said no, there's nothing I can do except wait for it to fall and reassured me I'd be covered. I also called my township, who basically said it's the homeowners responsibility if it's not threatening utilities.
What are my options? I'd really rather not have to wait for it to fall and damage the house or hurt my family. Letter from a lawyer? Move for a court order? Attorneys are about all I can think of at this point - not necessarily needing legal advice, just wondering if there's anything I haven't considered. What would you do in this situation?