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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35836
Experience:  16 years real estate, Realtor. Landlord 26 years
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Quick question --- Ohio Tree Neighbor law --- Neighbor just

Customer Question

Quick question --- Ohio Tree Neighbor law --- Neighbor just planted 3 yearling trees within a few inches of our front yard property boundary. Is that legal? Not only is a future nuisance cause for concern, ie. mowing, dropping, overhangs in my front yard, but these will completely block my view to the top of the street. We are 3 houses up from the end of a no-outlet and my garage abuts out into my driveway on the left side and so blocks my view to the left. These trees will block my view up the street, my only means of security. Are there any zoning laws to prevent her from planting so close to our border?
JA: OK. The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no, just saw the newly planted trees tonight when I arrived home from work
JA: Is there anything else the Lawyer should be aware of?
Customer: she never told me she was going to plant these --- zero communication
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.
Customer: I have no idea what type of tree it is
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Are the trees actually planted entirely on the neighbor's land?

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thanks

Barrister

Customer: replied 1 year ago.
within a few inches of the property line, approx. 4 feet apart from the house to the sidewalk, on her side of the line. My concern of course is that these will grow together, block the street view, create a nuisance with falling leaves, twigs, hinder mowing with branches and other things. This is a deliberate attempt on her part to block out a view of my house. She is constantly trying to tell me what to do with my yard and disparages anything I try to do with it. Apparently she just wants to block me out. What are my options? Is there an easement or regulation about 3 feet from the property line or something like that?
Expert:  Barrister replied 1 year ago.

Ok, if the trees are entirely on the neighbors land, then you wouldn't have any legal grounds to force them to remove them right now since they aren't encroaching on your property. If you don't have some type of "scenic view" easement over their property, then there is nothing that would legally prevent them from blocking your view.

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So your only recourse I see here right now would be to contact the local Planning and Zoning office to see if they have any type of setback ordinance or restrictions on the size or type of trees that can be planted in the area..

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If not, then you are stuck until the trees start to create a "private nuisance" by damaging your property or interfering with your use of it. At that time, you can sue them for private nuisance and see if a judge will issue an order for them to abate the nuisance somehow or to remove the offending trees.

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thanks

Barrister

Customer: replied 1 year ago.
Ok, thanks.
Expert:  Barrister replied 1 year ago.

You are very welcome. Glad to help any time and I hope I was able to give you a few options to consider here as I understand that the neighbor's actions are very frustrating..

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister

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