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