what attorney for home tree issuea

by Dr. Jaqueline Leffler I 4 min read

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.

Full Answer

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

Legal Disputes Concerning Trees: A Beginner’s Guide. This post is coauthored by Barbara Bavis, instructional librarian, and Robert Brammer, senior legal reference specialist. It is said that good fences make for good neighbors. The same might not be said for trees, which are a frequent source of litigation among neighbors.

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

Removal of trees can also result in unintentional legal problems under local tree ordinances. Attorney Jeffrey Williams can assist in defending property owners, builders, and developers in code enforcement actions brought against them. Tree Issues affect Zoning, Home Construction and Remodels. Trees can also become a thorny issue in regard to site development and zoning …

Can a neighbor Sue you for a tree on your property?

Real Estate Attorney Jeffrey Williams can assist land owners in recovering money damages for nuisance and trespass due to cutting of trees, and the killing of shrubs, grass and vegetation by herbicides. Trees and Local Tree Ordinances in Los Angeles County. Removal of trees can also result in unintentional legal problems under local tree ordinances.

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

May 21, 2019 · Things like, who owned the fallen tree, what type of property did the tree damage, and what state was the tree in when it fell would be important in determining coverage. If a tree damaged a policyholder’s home, for example, his or her …

Is there a law about height of 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.

Who is liable for tree root damage?

The owner of the land upon which the tree is situated is usually the one who is liable for damage caused by the roots of that tree. However, an occupier of land in question (for example, a tenant) may also be liable if they are in the position to take steps to 'abate' (bring to an end) the nuisance.

What are my rights if a Neighbours tree overhangs my garden?

If the branches of a neighbour's tree start to grow over to your side, you can cut them back to the boundary point between you and your neighbour's property, as long as the tree is not under a tree preservation order.Sep 13, 2021

Is cutting down a tree criminal damage?

It is actually a criminal offence to do this and you could be charged for damages if the neighbour wishes to press charges. Your legal limit is to cut to the property boundary of the garden in which the tree was originally planted.Sep 15, 2019

Can you make Neighbour cut down trees?

Your neighbour can cut any branches that are overhanging into their garden as long as they only remove the bits on their side of the boundary. If they want you to cut your tree or hedge just because they don't like the way it looks, it's up to you whether you do the work.Feb 15, 2018

Can you claim tree root damage on insurance?

Tree roots If your home is damaged by roots or you experience subsidence or heave, your home buildings policy should provide you with cover if you need to make a claim. You're not usually covered if a tree root blocks or causes a drain to collapse.Jul 15, 2019

Does homeowners insurance cover tree root damage?

Typically, any damage to houses which has been caused by falling branches or trees is covered by home insurance policies – it's worth reviewing the wording of your existing or potentially new cover for any exclusions to this.

What happens if a Neighbours tree falls on my house?

If your neighbour's tree falls on your house, your own house and property insurance should cover you, similarly if your tree is blown onto your neighbour's property their home insurance should cover him.Feb 18, 2022

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.Dec 6, 2021

What can I do if my Neighbours trees are too high UK?

You can only trim up to the property boundary. If you do more than this, your neighbour could take you to court for damaging their property. If you live in a conservation area, or the trees in the hedge are protected by a 'tree preservation order', you might need your council's permission to trim them.

Can my Neighbour force me to cut a tree down?

You cannot force your neighbour to remove overhanging branches or fallen leaves on your property. However if these cause excessive damage, you can sue them for the cost of repair.Jan 21, 2022

What trees can be cut down without permission UK?

The only time tree work can proceed in a Conservation Area without council permission is when it involves cutting down, lopping, topping or uprooting a tree that has a diameter less than 75mm, or cutting down or uprooting a tree with a diameter less than 100mm so as to improve the growth of another tree.

What is the high hedge law?

The current legislation on high hedges comes under Section 8 of the Anti-Social Behaviour Act (2003). This allows councils to take action where the hedge has grown to a height where the hedge is adversely affecting the complainants reasonable enjoyment of their property.

Can I complain about the height of my Neighbours trees?

You can also complain to your local authority under the Anti-Social Behaviour Act 2003 if the height of a high hedge affects your enjoyment of your property.Jun 21, 2016

Do I have a right to light in my garden?

The Rights of Light Act 1959 states that if a property has received daylight for the last 20 years (the minimum prescribed period), you may be entitled to continue to receive that light. Your local planning department can advise on your rights.

Do I have to cut my Neighbours side of my hedge?

If a hedge grows along the boundary between two gardens, both neighbours are responsible for trimming. If a hedge belonging to a neighbour grows into your garden, you can trim it but, as with tree branches, you must return the trimmings to the owner.May 2, 2018

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 trimmed to satisfy them. However, i…
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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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