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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35835
Experience:  16 years real estate, Realtor. Landlord 26 years
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My neighbor planted Leyland cypress trees 10 years ago. They

Customer Question

My neighbor planted Leyland cypress trees 10 years ago. They have grown to more than 30 feet and about 15 feet I diameter. They will get up to 90 feet. The trees are growing between the houses. The space between the houses is about 20 feet. I would like to send you a pictures if you have an email address. The trees are causing the following problems: blocks the sun from my sunroom; I cannot grow plants any more and I do not enjoy my sun room any more because it is dark, I have soil erosion near the trees. This causes water to pool in several places including near my air conditioning units. It takes weeks for the water to dry out. I cannot grow grass because the trees block the sun. I am concerned about damage to my foundation because the trees are so close in proximity to my house.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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I have read your have read your comments but I don't actually see a legal question.

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Are you asking if there you asking if there is anything you can do about the trees?

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Thanks

Barrister

Customer: replied 1 year ago.
is there anything legally that I can do to make the homeowner remove the trees?
Expert:  Barrister replied 1 year ago.

This is kind of a difficult situation because if you don't have any type of "Scenic view" easement, then it wouldn't be illegal for the neighbor to block your view of the sky or sun, as rude as that is.

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But if the trees are causing you damages and preventing you from being able to use and enjoy your property, you might be able to sue the neighbor under a theory of "private nuisance". A private nuisance is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation.

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So if it is causing erosion problems, water collection problems, leaf problems and any issues with the tree roots, then you might be able to get a judge to issue an order for them to abate the nuisance by removing the trees.

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This is something that you would need a local real estate attorney to assist with because the complaint needs to be drafted very strongly against the neighbor to hopefully just get him to voluntarily remove the trees or at least cut them back to a point where they don't cause a nuisance.

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You might try first to just have an attorney send a "Cease and desist" letter basically threatening to sue if they don't remove the trees and see if that gets you anywhere. Sometimes a threatening letter from an attorney will be enough to get someone to comply rather than being dragged into court to defend.

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thanks

Barrister