how to take a lawyer from the tree

by Ludwig Ledner 8 min read

Full Answer

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

If your lawyer determines you have a viable claim, then they can help you take the proper steps to get the tree removed. An experienced real estate lawyer can also assist you in filing the necessary paperwork to bring a lawsuit, providing representation in court, and recovering any damages.

Who is the legal owner of a tree?

It is accepted law in all states that a tree whose trunk stands wholly on the land of one person belongs to that person. If the trunk stands partly on the land of two or more people, it is called a boundary tree, and in most cases it belongs to all the property owners.

Do trees have legal rights and lawsuits?

People do not often associate trees with legal rights and lawsuits. When a person visualizes the trees in their backyard, they are more likely thinking about the aesthetic scene they create in a garden, the shade they provide on a hot summer day, or the shield their leaves form as a makeshift curtain that offers privacy from nosy neighbors.

How do you deal with neighbors who have a dispute about trees?

Welcome to the club—neighbors who have a dispute about trees. To avoid an unpleasant dispute (or your neighbor trimming your tree on their own—and possibly botching the job), talk with your neighbors and find out exactly how much tree trimming would do the trick.

image

How do I get rid of a crooked lawyer?

File a Complaint With Your State's Lawyer Discipline Agency Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court.

How do I write a letter to my neighbor's tree?

“Dear (neighbor): In the interest of being a good neighbor, I wanted to point out something on your property that is a potentially dangerous to both of our families; your (name of trees) appear (diseased, damaged, in danger of falling — be specific) and just in case you were not aware of it, I wanted to bring it to ...

What to do if a Neighbour's tree is affecting you in India?

If you have a neighbour's tree hanging over your land, you can:exercise the common law right of abatement—your right to remove overhanging branches and roots to your boundary line.decide whether to return the lopped branches, roots or fruit to your neighbour, or dispose of them yourself.

What to do if a Neighbour's tree is affecting you UK?

If your neighbour owns the tree or hedge If you think your neighbour's tree is dangerous, you can report it to the council - for example if you think it might fall over. They might ask the owner to make it safe or deal with it themselves. Search for 'trees' on your council's website to find which department to contact.

How do I write a complaint letter about a tree?

Just a quick note regarding the tree at [location]. [I/we] have concerns that the tree is [diseased / has a broken branch / is overgrown] and may damage my property if it falls. If the tree belongs to you, please could you have a look at this and arrange any required pruning etc to make it safe?

Who pays to remove overhanging branches?

Even if the tree trunk is on your neighbor's property, you have the responsibility for cutting any branches that extend onto your property line. You are responsible for the cost of cutting any branches you choose to trim. You can cut back anything up to your property line.

What is the law about Neighbours trees?

If you cut branches or remove a tree on your neighbour's property, this is trespass and he or she may have a claim for damages covering the cost of replacing the tree with a mature one, as well as any remedial clearing, planting or landscaping work.

Can I ask my Neighbour to cut his trees?

You have a common law right to prune back parts of a tree or hedge growing over the boundary into your property (subject to any legal restrictions being overcome first such as Tree Preservation Orders or conservation areas) but you cannot compel the owner of the trees or hedge to carry out this work or pay for it.

Is there a legal height for Neighbours trees?

In general, there is no specific limit to the height that a tree is allowed to grow, but if the trees form a vegetative screen that is limiting a neighbours usage/enjoyment then it could be a High Hedge issue which Planning Enforcement would potentially get involved with.

Can my Neighbour cut my tree without asking?

Entering someone's property, without permission, to cut a tree would undoubtedly be illegal. You may need to take matters to court. It depends which came first - the tree or your garden.

What is the 7 year boundary rule?

Some believe that there is a 7-year limit on adverse possession, meaning that a squatter can take ownership of land after they have been using that land without the owner's permission for a certain amount of time.

Who is liable when a tree falls on a neighbors property UK?

If a neighbour's tree has caused damage to your property, they will be liable. For example, if branches fall or tree roots damage property foundations and you can prove this was a result of the tree, you can begin legal action.

What You Should Do To Get A Lawyer To Take Your Case

You cannot change the underlying details of your case, but you can follow a few general rules that could strengthen the likelihood of the lawyer you want agreeing to take on your case. Below we have briefly listed a few of the things that you should do when presenting a lawyer with your case.

Get in Touch With a Ohio Lawyer Today To Discern If They Will Take Your Case

A respected and qualified lawyer at The Henry law Firm can help evaluate your case and determine its chances of success. We strive to always provide our legal clients with superb service to ensure their cases receive prompt and diligent attention from the beginning.

Taking hardwood Tree and Shrub cuttings

Many of us have plants in the garden that are our favourites, and what happens when you want another one? Do you always need a visit to the local garden centre, or, do you know how to take a cutting from a tree? Taking a cutting is a cost effective way to replicate your plants, all it takes is a little bit of skill and some patience as the tree grows..

How to take a cutting from a tree

A cutting should be taken when the hardwood plant is dormant (Late autumn to late winter).

Protecting the Saplings

There are a few animals, particularly deer and rabbits, that find tree cuttings particularly tasty. You can protect tree saplings by using tree guards. There are various designs available, all designed to put a barrier between the sapling and the rabbit or deer.

image

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

Who Owns The Tree?

  • The person whose property it is where the tree trunk sits is also the person to whom the tree belongs. So, if the tree trunk sits entirely in a neighbor’s yard, then the tree belongs to that neighbor. On the other hand, when the tree is located directly on property lines, then the tree belongs to both property owners and thus both neighbors are responsible for taking care of the t…
See more on legalmatch.com

What About Dangerous Trees?

  • When a tree poses an actual threat or danger to a person or their property, then a local city agency may be able to intervene and resolve the issue with the tree. For example, if a tree is at risk of falling over, crashing into a person’s house, and potentially harming the persons who reside in it, then it may be best to contact the city to circumvent a neighbor who is refusing to have it remov…
See more on legalmatch.com

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

  • If your neighbor is refusing to remove or take care of a tree that is encroaching on your property, then you may need to take legal action against your neighbor to resolve the issue. You should begin the legal process by hiring a local real estate lawyerto review your case. If your lawyer determines you have a viable claim, then they can help you t...
See more on legalmatch.com