what lawyer handles tree disputes

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.

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

Sep 05, 2018 · If a neighbor's tree is causing trouble or posing a safety risk for you or your family, there are legal options available. Consider speaking with a real estate attorney if you have a dispute with a neighbor that you're unable to resolve on your own.

Who is responsible for the care of a tree on property?

See these articles on Neighbors and Trees for advice on handling tree disputes with neighbors. The book Neighbor Law , by Attorneys Emily Doskow and Lina Guillen, provides extensive advice on tree-related law and liability issues involving invading branches, damage from an unsound tree, boundary trees, and more, including how mediation or small claims court can help resolve tree …

Who is the legal owner of a tree?

What to do if your neighbor has a tree in your yard?

Can I make my neighbor trim his tree California?

2020) “Real Property,” § 389; Miller & Starr, California Real Estate (4th ed. 2020) § 17:9.] There is a limit to the self-help one can take. Although you can cut off overhanging branches, you cannot enter your neighbor's property to trim or remove a tree.Dec 15, 2020

Is it illegal to cut down trees on your own property in California?

The general rule in California allows a landowner to remove trees that are growing on their own property and so belong to them as long as the species is not legally protected.Sep 13, 2021

What trees Cannot be cut down in California?

California law protects native trees, including oak trees. The state of California bans the removal of certain native trees, including oak trees. Oak trees existed in the state during ancient times, according to the city of Los Angeles, and were used by Native Americans and Spaniards living in the area.

What is the law against cutting trees?

Section 68 of PD 705 states that “any person who shall cut, gather, collect, or remove timber or other forest products from any forest land, or timber from alienable and disposable public lands, or from private lands, without any authority under a license agreement, lease, license or permit, shall be guilty of ...Oct 14, 2019

What happens if you dispute a neighbor's tree?

If a neighbor's tree is causing trouble or posing a safety risk for you or your family, there are legal options available.

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

Sometimes disputes arise between neighbors when trees belonging to one property owner fall on and damage or destroy adjacent property. In such cases, the tree owner is only responsible for damage if some failure to maintain the tree contributed to the damage.

What happens if a neighbor's tree encroaches on my property?

If the tree owner does nothing, the tree can still be trimmed.

What are some problems with neighbors?

Neighbor Disputes: Trees. Just about everyone enjoys trees and other landscaping features, but they can sometimes cause problems with neighbors. For instance, large trees that hang over a neighbor's fence may pose a risk of injury or property damage, while trees that aren't trimmed properly can block a neighbor's scenic view.

What is a boundary tree?

A boundary tree is one planted on the boundary line itself and should not be removed without mutual agreement. Leaves, bean pods, or acorns which fall off and end up on adjacent property are considered a natural occurrence and are the responsibility of the landowner on whose property they ultimately come to rest.

Is a tree owner responsible for a tree limb that crashes into a neighbor's roof?

If the tree was well maintained and a storm causes a tree limb to crash into a neighbor's roof, the tree owner is not responsible. If a tree owner allows the tree to grow so that it uproots a fence, it would be considered an encroachment onto the adjacent property.

Can large trees be hung over fences?

For instance, large trees that hang over a neighbor's fence may pose a risk of injury or property damage, while trees that aren't trimmed properly can block a neighbor's scenic view. See FindLaw's Neighbors and Trees section for related articles.

How to avoid neighbors trimming 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. If it's not too much, and doesn't affect the health or aesthetics of your tree, consider making the trim.

Why is it considered a nuisance tree?

The legal theory is that the dangerous tree is a "nuisance" because it is unreasonable for the owner to keep it and it interferes with your use and enjoyment of your property. You can ask the court to order the owner to prune or remove the tree.

What happens if you refuse to trim a tree?

If you're breaking the law by refusing to trim your tree, the results might be more than a bad relationship with your neighbor; you could find yourself in court if your neighbors sue you for interfering with the use and enjoyment of their property,

What happens if a tree is a hazard to neighbor?

You might be violating local law if your tree (no matter how beautiful) presents a hazard to your neighbor (for example, if dangerous limbs hang over the neighbor's property), violates any height limits or view ordinances, or straddles the property line.

How to find out the tree rules?

You can find out local tree rules by contacting your building or planning commission or checking local ordinances online. If your house is part of a homeowners' association with CC&Rs, make sure you check these rules, such as restrictions on tree heights.

What is a tree that stands on the land of one person called?

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. All the owners are responsible for caring for the tree, ...

Can you trim back a tree?

You can trim back branches to your property line, but that might not solve the problem if you're worried about the whole tree coming down. City governments often step in to take care of, or make the owner take care of, dangerous trees.

Who can be involved in a property dispute?

Property disputes can involve just about anyone who has an interest in the real estate in question. For example, most property disputes involve the owner of the property in some way, but they can also involve: Neighbors; Landlords and Tenants; Homeowner Associations (HOAs);

What are the remedies for property disputes?

Remedies for property disputes often depend on the nature of the dispute and the state where the property is located. Potential remedies include injunctions, judicial sales, monetary damages, and quiet title actions.

How to resolve a dispute with a neighbor?

Sometimes, a dispute can be resolved by just talking to your neighbor and maintaining a good relationship with them. Politeness and respect can go a long way in resolving minor disputes. If it gets to the point where you feel a demand letter is necessary, you can certainly discuss that option with an attorney.

What are the responsibilities of a HOA?

Homeowner Association Responsibilities: Which may bring up questions of whether the HOA is responsible for maintenance and upkeep of some elements of the neighborhood. Utility Easements: Sometimes homeowners may not realize whether or where utility easements are located on their property.

What is a property dispute?

A property dispute is a legal dispute that involves real estate. While it may sound relatively simple, the term “property dispute” covers a wide range of possible disputes over a wide range of property. The property involved could be anything from a vacant lot to a home, deck, condominium, manufactured home, pond, driveway, ...

What happens if a neighbor cuts down a tree?

Or, for instance, if a neighbor cuts down one of your trees, you may be entitled to monetary damages (like the value of the tree). Quiet title actions are a specific type of lawsuit used to determine legal ownership of a property, and are more common when the chain of title in the public record is incomplete.

What is the purpose of monetary damages in a partition?

Monetary damages are intended to cover any losses you may incur as part of the property dispute.

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 …

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Who Owns The Tree?

What About Dangerous Trees?

Who Can Be Involved in A Property Dispute?

• Property disputes can involve just about anyone who has an interest in the real estate in question. For example, most property disputes involve the owner of the property in some way, but they can also involve: 1. Neighbors; 2. Landlords and Tenants; 3. Homeowner Associations (HOAs); 4. Trespassers; 5. Family Members; 6. Builders and Developers; 7. ...

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What Are Some Common Types of Property Disputes?

What Is A “Cloud” on Title?

What Remedies Are Available For Property Disputes?

Do I Need An Attorney If I Have A Property Dispute?