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I neighbor has planted a tree blocking my view of the ocean. What

 
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  • Answered by:RealEstateAnswer
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Customer Question

I neighbor has planted a tree blocking my view of the ocean.

What are my options? He has refused to move tree.

Thanks,
Dave

 

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State/Country relating to question: Massachusetts

Already Tried:
I asked both property owners who didnt want to claim responsibilty and made it off as a joke. Finally one owner said his widfe wasnt interested in moving or removing tree. I offered to pay for it and repalce with a nice low growing bush.

Submitted: 278 days and 21 hours ago.
Category: Real Estate Law
Value: $49
Status: CLOSED
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Expert:  RealEstateAnswer replied 278 days and 21 hours ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

I am sorry to hear about what has happened. I just want to make sure that the tree is on their property and not encroaching on yours in any way? If you could provide me with this information, I would be happy to answer the question.

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Expert:  RealEstateAnswer replied 278 days and 21 hours ago.

Hi Dave. Just wanted to see if you had a chance to respond to my information request above. Thanks.

Customer replied 278 days and 21 hours ago.

Hi,


The neighbors lot is not adjacent to mine, but is in the line of sight of the ocean.

Accepted Answer

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Expert:  RealEstateAnswer replied 278 days and 20 hours ago.

Thank you for the follow up information. As long as the tree is on their property, they have a legal right to have it planted, even though it blocks your line of sight. In a perfect situation, they would work with you to plant the tree in a spot that does not obstruct your view or use some other means, to accomplish whatever their goal is. This situation is common in cities like New York or Boston, where large buildings are built and obstruct the view or sunlight of another property owner. While it takes away the view or blocks sunlight, there is nothing illegal about it. I know this may not be the answer which you want to hear but if the owner of the property/tree is unwilling to work with you, they have a legal right to plant it, wherever they want.

Expert TypeLawyer
Category: Real Estate Law
Pos. Feedback: 97.3 %
Accepts: 2727
Answered: 7/5/2012

Experience: Leases. Landlord-Tenant. Foreclosures. Mortgages. Eviction.

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