what does it cost to see a lawyer about a neighbor's tree

Why should I hire a lawyer for a tree and neighbor dispute?

Additionally, your lawyer can inform you of your rights and will be able to answer any questions you may have about tree and neighbor disputes. Jaclyn started at LegalMatch in October 2019.

Is it legal to cut down a neighbor’s tree?

The aesthetics of a poor pruning job aside, so long as you don’t kill your neighbor’s tree and you only trim up to the property line, you’re well within your rights to cut it back. Let’s assume your neighbor has exercised her rights to trim your tree up to your property line.

Are trees on your property a problem for your neighbors?

Trees can give your property shade in the summertime, a home for songbirds, and general beauty. But trees also can be a source of tension among neighbors if they're not properly maintained, drop debris over the fence, or cause other problems.

What should I do if my neighbor complains about a tree?

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.

What happens if a neighbor refuses to cut down a tree?

But if the neighbor either refuses to trim the tree or ignores your request, you may file a formal complaint with local authorities.

Who owns the tree on a property line?

There is often some confusion about the rights and responsibilities of neighbors with respect to trees on property lines or 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 ...

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.

What is a dispute between neighbors and trees?

Neighbors and Trees. 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 ...

What happens if neighbors interfere with 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. You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help.

What does it mean to communicate with your neighbors?

As with most neighbor issues, communicating with your neighbors and anticipating problems early usually eliminates the need for legal action . 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.

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.

How much does a tree cost to replace?

If you do harm the tree, you could be found liable for up to three times the value of the tree. Most trees have a replacement value of between $500 and $2500. Ornamental or landmark trees can have a value of between $20,000 and $60,000.

Who is responsible for maintaining trees on property?

Landowners are responsible for maintaining the trees on their property. Legally, they have two duties: make reasonable inspections and take care to ensure the tree is safe. If your neighbor doesn't remove the dangerous tree, and the tree does in fact cause damage, your neighbor can be held liable.

What is a tree trunk that is divided by two people called?

When the tree trunk is divided by the property lines of two or more people, it is referred to as a "boundary tree.". In the case of a "boundary tree," all of the property owners own the tree and share responsibility for it.

Why are trees important to neighbors?

Trees can give your property shade in the summertime, a home for songbirds, and general beauty. But trees also can be a source of tension among neighbors if they're not properly maintained, drop debris over the fence, or cause other problems. While trees and neighbors can sometimes be a volatile combination, especially among neighbors who generally ...

Can neighbors sue for tree trimming?

In most states, the bothered neighbor can engage in the tree trimming or root cutting herself, and doesn't have a claim against the tree owner. Other states provide that neighbors may sue if the following conditions are met:

Can you cut down a tree on your property?

Yes. By law, you have the right to trim branches and limbs that extend past the property line. However, the law only allows tree trimming and tree cutting up to the property line. You may not go onto the neighbor's property or destroy the tree. If you do harm the tree, you could be found liable for up to three times the value of the tree. Most trees have a replacement value of between $500 and $2500. Ornamental or landmark trees can have a value of between $20,000 and $60,000.

Can you eat fruit that falls off a tree?

No. The fruit of the tree belongs to the owner of the tree, so don't pick any of the fruit. Courts are divided on who can have fallen fruit, however, so check your local laws to see if you can eat any fruit that falls off the tree.

What happens if you cut down a neighbor's tree?

In California, if you improperly cut down a neighbors tree, treble damages can be applied.

What is a common dispute between neighbors?

A common dispute between neighbors occurs over boundary lines and a typical theme of these boundary disputes occurs with trees and plants. There are times when the boundary lines are unclear and both neighbors believe their assessment of the land is correct. One neighbor will honestly believe they are not trespassing onto their neighbor’s land ...

Why do courts disapprove of self help?

The reason courts disapprove of self-help is without court supervision the court does not know who is right and nobody other than the court can decide who is legally correct.

Can a land survey indicate a tree is on your property?

As a result of all these possibilities a court will not want you to engage in self-help even if a land survey indicates the tree is on your property. It is also preferable to handle the matter through a court proceeding, as you may be entitled to damages that you would only get if you file a lawsuit.

How should homeowners care for their trees?

Since property laws related to trees varies depending on where you live, it's best to consult your local laws and ordinances so you understand your responsibilities as a home (and tree) owner. Generally speaking, you should protect your rights and those of your neighbors by following these best practices:

Can a neighbor trim my trees?

Your neighbors can't trim your trees unless they stick to branches that overhang the property line. By law, you can trim the branches of any tree that crosses over that line, but your neighbor can't touch the branches on your side, just as you can't touch theirs.

What happens if a neighbor damages my tree?

Trees are considered property under the law, which means that if a neighbor damages your tree, they would be legally responsible. For instance, as mentioned above, your neighbor can remove roots that grow on their side of the property line.

What happens if a neighbor's tree falls and damages your property?

Falling trees can cause property damage and personal injury. However, a fallen tree often goes under the category of "acts of God," which means that the homeowner didn't cause the problem, and therefore isn't liable. For example, if a hurricane's winds force a tree to fall down, the event is considered an act of God.

What if a tree is on the property line?

It's possible for you and your neighbor to share a tree on the property line. When this happens, you become jointly responsible for tree maintenance and care. If the tree causes damage that traces back to your negligence, you might have to split the cost to repair the damage.

Can my neighbor's tree block my view?

In most cases, you can't force your neighbor to remove a tree just because it blocks your view. The only exception is on properties designated as view lots. This is rare, however, and is generally reserved for expensive homes in specific neighborhoods.

What if we can't resolve the issue?

If you're in a conflict with your neighbor over a tree, attempt to discuss the problem rationally. If possible, offer a compromise that might keep you both happy. If that doesn't work, consider seeking a mediator to help you resolve the dispute amicably.

Can neighbors in New York City tend to trees?

Barring local ordinances to the contrary (yes, they exist, so be sure to check your local rules!!), New York law does allow neighbors to tend to trees and hedges that infringe on their property. This is a limited right though, and one that must be exercised carefully.

Do you have to trim a tree yourself?

Unless the tree is posing a hazard to your neighbor’s person or property (yes, that standard is somewhat open to interpretation), the law does not require you to personally trim the branches or reimburse your neighbor for any expenses she might have incurred from electing to trim back the tree herself. Propriety aside, even if you are legally ...

2 attorney answers

The short answer is likely yes. But disputes between neighbors can start from the smallest event or lack of communication, and can grow into uncomfortable, lengthy, and expensive feuds. So, I strongly suggest that before cutting anything, you first talk with your neighbor to address your concerns and intent regarding the overhanging branch. More

David von Beck

First, you should consult with your neighbor by verbally asking your neighbor in a nice way to trim the tree.

What are the laws pertaining to trees?

There are laws pertaining specifically to trees – such as in regards to where exactly they are allowed to be grown, or what species are allowed (trees that have a high chance of causing allergies may be prohibited, for example) – so familiarize yourself with these laws.

What happens if neighbors violate rules?

If neighbors are found in violation of these rules they may find themselves losing certain privileges such as swimming pools, or they may open themselves up to litigation. Once again, it’s advantageous to any homeowner to study up on the local rules of your community.

What are zoning laws?

Zoning laws may be in effect to control buildings themselves so be aware of these as well. In addition to city laws and ordinances, there may be rules levied by your homeowner’s association. These rules exist to regulate neighborhood matters and might be your friend if they place limits on tree height or growth.

Is a tree exempt from local laws?

There will always be exceptions to the rules; some trees, for example, are owned by the cities and therefore may be exempt from the restrictions the local laws provide. That’s why it’s crucial to familiarize yourself as much as possible with your local ordinances.

Do you have to check your home views before buying?

Ideally, you will have checked these before you purchased your home, but failing that, it’s a good idea to start learning them now. Home views don’t come cheap, and as a result of this, many communities have ‘view ordinances’ in place to protect your right to the view you paid for.

Do view ordinances apply to trees?

It’s important that you look at these documents as well as what applies in one community will not necessarily apply in another and so you need to take some time to familiarize yourself with your local codes. View ordinances usually do apply to trees, although they may not apply to buildings or other structures.

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 bel…

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What About Dangerous Trees?

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

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

Trees and View Ordinances