(Closed) Legal Bees: Property Law Question

posted 6 years ago in Legal
Post # 3
Member
2214 posts
Buzzing bee

I am an attorney, but besides what I had to learn for passing the bar, I know nothing about property law, so I’m juts giving my opinion as to what I would do as a homeowner in this situation.  I would start by getting a surveyor to come out and establish the property line.  (Fences don’t establish property lines.)  I would also get an official report from an arborist about the hazard the tree poses to your property.  If the tree is completely on their property, then I would talk to your neighbors, show them where the property line actually is and the arborist report.  This puts them on notice of the hazardous condition.  Just to be extra careful, I might even mail these by certified mail with a cover letter asking the neighbor to remove the tree.  If the tree stradles the property line, then I could check municipal laws (call city hall and ask).  I believe that most municipalities let you cut any branches and limbs that are on your property line as long as you don’t kill the tree. Municipal laws will also establish who has the burden of removing the tree depending on what percentage of the tree is on which property.  If the neighbor has to remove the tree and won’t, you can file a nuisance action I believe.

Post # 6
Member
2214 posts
Buzzing bee

@CanAmBride: I would find an attorney who does property law in your area.  I believe that you can file a nuisance suit even if the tree won’t do damage, but again, that varies state-to-state and even city-to-city.  It’s better to find someone local who deals with these types of issues all the time.

The topic ‘Legal Bees: Property Law Question’ is closed to new replies.

Find Amazing Vendors