sf lawyer who works on neighbor relations around trees and light

by Mrs. Oleta Kohler Jr. 6 min read

What can a lawyer do for me in a tree and neighbor dispute?

833-217-9793. 555 Twin Dolphin Dr, Suite 310, Redwood City, CA 94065. Other Nearby Offices. Robins Kaplan LLP has experience helping clients with their Neighbor Dispute needs in San Francisco, California.

Can a neighbor Sue over a tree?

Wagenseller Law Firm handles neighbor disputes and other litigation over real property. For more information, visit our website at www.wagensellerlaw.com. Mr. Wagenseller can be contacted at (213) 286-0371 or ltw@wagensellerlaw.com.

What are my rights if a neighbor's tree is blocking my view?

Jul 29, 2021 · Disputes over trees and boundaries lines is a commonly recurring issue between neighbors. For example, imagine your neighbor has a massive tree on their lawn whose branches over time grow beyond the yard and onto your property. ... If the law is on your side and your neighbor is not cooperating, you may have to take matters into your own hands ...

Who owns a tree on a property line?

Oct 16, 2021 · My neighbor has planted trees and shrubs or trees along the property line right up against the property line and onto our property in our backyard. We are not on speaking terms he assaulted me so I have no contact with him and he's not the property owner neither him or his wife, his mother-in-law owns the property but I want to go about it ...

What to do if neighbor refuses to remove tree?

If your neighbor is unwilling to remove a dangerous tree, you may have to go to court. A real estate lawyer can help you take the proper steps to remove the dangerous tree. If you chose to sue for damages, a real estate attorney can file the necessary paperwork and represent you in court.

Can you trespass on a neighbor's property?

However, you may not trespass onto your neighbor’s property or destroy the tree. If you deliberately harm your neighbor’s tree, you may be liable to your neighbor for two to three times the value of the actual monetary loss.

Can a tree be removed without permission?

In that case, all owners are responsible for the care of the tree and the tree cannot be removed without the other owner’s permission.

What to do if you don't want to trim a tree?

If you do not want to trim the tree, check your local tree ordinance to make sure that the law is on your side. You may be violating a local law if the tree size is a hazard or violating a local ordinance height or size limit.

Can trees block neighbors view?

Overgrown trees can block a neighbor’s view, hang over a neighbor’s fence, or pose a risk of injury. This article explains a few things to keep in mind when faced with a neighbor dispute over trees.

What happens when a tree falls on a neighbor's property?

Storms often cause heavy tree limbs, or sometimes entire trees, to fall onto a neighbor's property and cause major damage or even injuries. If it's your tree that totals your neighbor's car, for example, you certainly aren't to blame for something beyond your control but you still may be held liable. These types of incidents usually are referred ...

What is a tree dispute?

Trees are a common dispute among neighbors. Tree disputes can take many forms, such as trees that fall on a neighbor's property and cause damage or circumstances where a neighbor's tree blocks what would be a scenic or otherwise pleasant view. In some cases a neighbor's tree may actually block a view of something unpleasant -- such as ...

What causes tree damage?

Tree Damage Caused by Natural Events. Storms often cause heavy tree limbs, or sometimes entire trees, to fall onto a neighbor's property and cause major damage or even injuries. If it's your tree that totals your neighbor's car, for example, you certainly aren't to blame for something beyond your control but you still may be held liable.

What happens if a neighbor's actions interfere with your enjoyment of your property?

If a neighbor’s actions continuously interfere with your enjoyment of your property, you can sue to put an end to the behavior. This article explains the law of nuisance and what you can do to stop a neighborhood nuisance.

What is view ordinance?

View ordinances typically allow a person who has lost his or her view to sue the neighbor who’s responsible. Learn about the different types of view ordinances, how to handle a view problem, and more.

Self Help Is Not the Way to Resolve the Tree Dispute

It is important that a person never engage in self-help when attempting to resolve a dispute over a tree and boundary lines. Briefly, self-help refers to when a person takes matters into their own hands without consulting a lawyer or having a court intervene.

A Land Survey Says the Tree is Entirely on My Land – Can I Engage in Self Help?

There are some instances in which a land or property survey may not be the best document to rely on when trying to figure out the true owner of the tree. This is because it is entirely possible that a property survey was not conducted properly.

How To Properly Handle a Tree Dispute

If your neighbor refuses to take care of or remove a tree that is encroaching on your property, then you may need to take legal action against your neighbor to resolve the problem. You should start the legal process by hiring a local real estate attorney to review the facts of your case.

How to resolve tree disputes with neighbor?

Resolving tree disputes with a neighbor can usually be best accomplished when you're clear about your rights. Knowing the law can prevent unnecessary arguments and encourage a reasonable resolution. Contact a local real estate attorney to better understand local laws or get legal advice.

Can you force a neighbor to remove a tree?

In most cases, property owners do not have any right to force a neighbor to prune or remove a view-obstructing tree (see below for alternative legal options). Unless the tree is violating view ordinances, zoning laws, subdivision rules, or existing easements, homeowners have no zoning rights to light, air, or view.

What to do if neighbor doesn't work?

Alternative Legal Measures. If communicating with your neighbor doesn't work to your satisfaction, there may be alternative legal avenues that you can pursue depending on your circumstances. The offending tree may violate other local government laws unrelated to view ordinances.

What happens if you don't communicate with your neighbor?

If communicating with your neighbor doesn't work to your satisfaction, there may be alternative legal avenues that you can pursue depending on your circumstances. The offending tree may violate other local government laws unrelated to view ordinances. If your situation fits the law, your neighbor may have to trim down to a certain height.

Is a tree considered a nuisance?

Private nuisance laws are another strategy, though trees are generally not considered a nuisance. However, if a certain species of tree is harmful to other plants, property, or people (allergies), you may have a claim. Also, if there are noxious plants (such as weeds) that are blocking the view, you can force their removal.

What are zoning laws?

Zoning laws that limit the height or placement of structures, fences, or other features on a homeowner's property may be of some help as well, though most zoning laws cover structures and not trees.

What is a view easement?

A view easement is a written agreement by owners of adjacent property not to obstruct your view.

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...
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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…
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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…
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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 take the proper steps to get the tree r…
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Trees and Property Lines

  • There is often some confusion about the rights and responsibilities of neighbors with respect to trees on property linesor whose branches extend into another's property. As a rule of thumb, the owner of the property where the trunk is located owns the tree. Neighbors are free to trim branches that extend into their property but may be held liable f...
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Tree Damage Caused by Natural Events

  • Storms often cause heavy tree limbs, or sometimes entire trees, to fall onto a neighbor's property and cause major damage or even injuries. If it's your tree that totals your neighbor's car, for example, you certainly aren't to blame for something beyond your control but you still may be held liable. These types of incidents usually are referred to as "acts of God," but only if it is determine…
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Trees and View Ordinances

  • A property's value is often substantially derived from its views, whether it's an ocean view, a tree-lined valley, or a city skyline. Regions and neighborhoods boasting exceptional views, from coastal California to Central Park in New York City, typically have view ordinances in place to protect those views from obstruction. These ordinancesusually are limited to trees or other land…
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