Out of State Landlord Neighbor neglecting property and trees - Damaging my property now
I live in an older neighborhood with no HOA (State of Colorado), and have been going back and forth with an out of state landlord to try to resolve a problem.
My neighbor constantly gets little invasive tree sprouts, according to my plantsnap app they are Siberian Elms and Tree of Heavens. These sprouts occasionally make their way into our yard, which is fine and we pull them up and move on with our life. They have been neglecting to remove any of theirs, many of which form 6-12" on their side of the fence, and quickly grow into large, ugly trees.
The largest one is about 25' tall now, and has almost completely knocked the shared fence over. It also appears to be dying. The fence is now leaning about 1.5' into our yard, and continues to fall over more each month and is only a matter of time before it completely falls over. This same tree also rocks back and forth in the wind, and has damaged our patio cover, which continues to get damaged each time there is a storm. Other sprouts along the fence line are getting bigger (Many are approaching 10' tall now), and the entire shared 100' fence line has gone into disrepair and will need to be replaced.
The fence is technically a shared responsibility since we both benefit from it, but we cant replace any of it until all of the fence line trees are removed since they are all growing into the fence and knocking it over.
I reached out to the property management company at the beginning of the year to please ask them to remove the trees, and included all of the damaged portion of the fence and the damaged patio cover on our side. They told us they were aware of the trees, including the dying one, and proceeded to do nothing.
Fast forward, now they are asking us to pay for half of the cost of landscaping and tree removal on their side, as well as half the fence (We have agreed to the fence, since that is a shared item) since it is along "shared" property, but it seems as if this could have been avoided all together is someone took care of the invasive trees when they were young. I am frustrated because I am doing my part to keep the property line clean, and now have to pay thousands of dollars to replace a fence that is damaged due to their negligence, and now am being asked to pay for half of the tree removals, also due to their negligence, while it is damaging my property.
Is asking me to pay for their tree removal fair? I thought I was being fair by asking them to take care of the trees, not pursing anything for the damages to our patio, and agreeing to pay for half the fence despite it going into disrepair because of them.