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How can a real estate lawyer help with tree and neighbor disputes?

If the tree, or some of its branches, falls, the result could be severe damage to a house, a car, a boat, or other valuable property. When that happens, who's liable to cover the resulting costs? Whose Tree Is It? Before you can determine who is liable for damage caused by a falling tree or branch, you need to know who actually owns the tree.

Do I need a lawyer to remove a tree from my property?

Tree Law - The Cutting Edge - Tozer Reports. Potential Damages – The Value of a Mature Tree: What if you negligently kill or damage (for example causing disease to) the neighbor’s tree while trimming them? Depending on the circumstances, you might be liable for reasonable costs of replacing destroyed tree with identical or substantially similar tree (that is, a mature tree).

Who is responsible when a tree falls on your property?

Missouri Tree Damage Laws. In Missouri, if someone damages your tree, you can recover your actual damages (usually, what you paid for the tree or what it would cost to replace the tree). (To learn what you must prove in order to get actual damages, see Nolo's article When a Neighbor Damages or Destroys Your Tree.) In some states, specific laws ...

Who owns a fallen tree on the property line?

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What happens if a tree falls on your property?

In most American states, if your tree or any part of it falls on your neighbors' property and causes damage to their property through no fault of your own (due to a snow storm, winds, hurricane, or other so-called "act of God"), you are not responsible.

Do you own a tree on your property?

If the trunk of the tree is on your property, you own it. If the trunk of the tree on your neighbors' property, they own it, no matter how much of the canopy overhangs the property line. If the trunk of the tree is directly on the property line (a "boundary tree"), both you and your neighbors jointly own the tree.

What is the appellate court?

Appellate Court’s Analysis and Holding: The appellate court analyzed various cases and laws. Some laws emphasize that you generally have a right to control how you manage your own land. Other laws stress that you have a duty to consider the effect of your actions on your neighbors and their property.

Can neighbors cut down trees?

In the 1994 case of Booska v. Patel, a California appellate court held that a neighbor does not have the absolute right to cut encroaching roots and branches so that they end at his or her property line.

When do you want to hire an attorney?

Some common situations when you may want to hire an attorney include: In general, you'll want to hire an attorney when you have a lot to lose if things don't turn out as you hope. "I knew it was time to hire a lawyer when we started doing contracts with larger businesses, and the language of the contracts went way over my head," says Jeff McLean, ...

What can an employment attorney do?

An employment attorney can help employers and employees work together to reach a resolution in the event of a problem, from wages and workplace safety to discrimination and wrongful termination. But when is it appropriate to reach out?

What are the legal issues that require an attorney?

Some common situations when you may want to hire an attorney include: 1 Starting a business 2 Protecting an invention or trademark 3 Considering divorce 4 Evicting a tenant 5 Getting arrested or being served with a court notice 6 Being involved in an accident that caused harm 7 Experiencing personal property damage 8 Buying or selling a business 9 Writing a will or estate planning 10 Facing citizenship or immigration issues

Who runs NoExam?

Jonathan Fritz, who runs, NoExam, a life insurance brokerage that is 100% digital, with all employees working remotely, discovered about a year ago that one of his sales agents was soliciting the firm's customers on behalf of another company.

What happens if someone damages a tree in Missouri?

In Missouri, if someone damages your tree, you can recover your actual damages (usually, what you paid for the tree or what it would cost to replace the tree). (To learn what you must prove in order to get actual damages, see Nolo's article When a Neighbor Damages or Destroys Your Tree .)

What is a boundary fence?

A boundary fence is a fence that is located on or near a property line, though the exact definition can vary by state. Sometimes even a hedge can act as a boundary. To learn more about boundary fences, including how they are defined, when a neighbor is allowed to build a boundary fence, and who is responsible for repairs and maintenance, see Nolo's Fences and Neighbors FAQ.

Is Missouri a right to farm state?

Missouri Right to Farm Laws. All states have enacted laws that exempt farmers and other agricultural operators from complying with run-of-the-mill nuisance laws -- laws that restrict certain kinds of noisy activity like operation of heavy machinery, or prohibit the use of pesticides, for example.

Does Missouri have a criminal law?

If Missouri does not have such a law, general Missouri criminal statutes, such as those related to theft or property damage, may still apply. (To learn more about damages and criminal penalties in tree injury cases, see Nolo's article When a Neighbor Damages or Destroys Your Tree .)

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Where can a search take place?

There are also various places in which a search can take place, such as: In a person’s home or on their property; The interior of a motor vehicle; An external frisk of a suspect’s person or internal (like a cavity or strip search); and.

What is a Terry stop?

During a Terry stop or “stop and frisk” when a person is briefly detained for investigatory purposes; After a valid stop, the police may conduct a warrantless search of the inside of an individual’s motor vehicle; and. The search takes place in an area that is in plain view of an officer.

What are the requirements for a search warrant?

Along with probable cause, the other important requirements of a search warrant include: That it was filed in good-faith by the officer requesting the warrant. In addition, there are also several exceptions for when law enforcement may not need to obtain a search warrant in order to conduct a search.

Which amendment protects citizens from illegal searches?

Searches and seizures are mainly governed by the Fourth Amendment to the U.S. Constitution. The Fourth Amendment essentially guarantees all U.S. citizens protection from illegal searches and/or seizures — when conducted by law enforcement — of their property, body, personal belongings, and other areas in which they have a “reasonable expectation ...

What is a person's residence?

A person’s residence (e.g., apartments, houses, motor homes, house boats, etc.); Locations where an individual has permission to stay as an overnight guest (e.g., property other than their primary residence, hotels, or at friend’s house); Certain areas of a motor vehicle (like a locked trunk or closed container);

When is a search warrant not required?

Below is a list of scenarios for when a search warrant may not be required due to an exception: When performing a search of a person who has been lawfully arrested; If the person being searched or the owner ...

Can police search a car without a warrant?

Although there are some exceptions to this general rule that will allow the police to search the interior and items that are in plain view inside the vehicle, they will not be permitted to search locked containers or closed personal belongings without a warrant.

What Can I Do If My Neighbors Complain About My Tree in Their yard?

• In the event that a neighbor is the one complaining about a tree in a person’s yard, then the person should talk to their neighbor about the problem and ask them what actions they think would help resolve the issue. For example, if there are branches hanging onto the neighbor’s property, then ask the neighbor how much of the branch would have to be trimmed to satisfy them. However, i…

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Who Owns The Tree?

What About Dangerous Trees?

Do I Need A Lawyer to Help Me with My Tree Problem?

Situations When Attorneys May Help

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