My question involves real estate located in the State of: Missouri
My neighbors massive oak tree branches hang over my driveway, yard and roof. This is my 2nd year at the new home and noticed during the spring/summer the tree drops nuts. The first year living here sounded like a slow moving hail storm on my roof. This year I noticed that my car was damaged from the nuts so now instead of parking in my driveway I have to park on the road to avoid what looks like hail damage. The trees roots have also broken the retaining wall next to the drive way (I purchased the home in that condition) but eventually it will get worse. With the annoying clatter on the roof from falling nuts, damage to my car and nuts all over my driveway and front lawn (which I've even slipped on) am I able to file a nuisance claim to have the entire tree removed? I feel that just having the branches trimmed won't help due to the root issue breaking the retaining wall which we would like to repair. I should also note that the owner moved out about 4 months ago (I think the bank took it) and Jan. 2015 a for sale sign was put in the yard. If the nuisance claim is valid who would be responsible now that the house is for sale if the bank took it from the owner?
My neighbors massive oak tree branches hang over my driveway, yard and roof. This is my 2nd year at the new home and noticed during the spring/summer the tree drops nuts. The first year living here sounded like a slow moving hail storm on my roof. This year I noticed that my car was damaged from the nuts so now instead of parking in my driveway I have to park on the road to avoid what looks like hail damage. The trees roots have also broken the retaining wall next to the drive way (I purchased the home in that condition) but eventually it will get worse. With the annoying clatter on the roof from falling nuts, damage to my car and nuts all over my driveway and front lawn (which I've even slipped on) am I able to file a nuisance claim to have the entire tree removed? I feel that just having the branches trimmed won't help due to the root issue breaking the retaining wall which we would like to repair. I should also note that the owner moved out about 4 months ago (I think the bank took it) and Jan. 2015 a for sale sign was put in the yard. If the nuisance claim is valid who would be responsible now that the house is for sale if the bank took it from the owner?
Nuisance: Nbrs Tree a Nuisance
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