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Am I liable for damages to my neighbor's foundation due to

Am I liable for damages to my neighbor's foundation due to tree roots from my tree which is just a little off of our propery line. He has wanted me to remove this tree for a few years and I had an arborist prune the tree who told me the tree was in good shape. For the first time since I moved in in 1999, we had a wind storm and a branch fell on his gutter causing minor damage. He told me his home owners insurance won't pay for the repair because it's and act of God. We both have State Farm and I called them and was told they would fix his gutter, but not the foundation. My neighbor wants a couple of trees on his property removed and it was suggested that he get a tree removal company to give us an estimate for the removal of all three trees and that we might get a better price that way. We had talked about doing this a couple of times, but he never followed through nor were the tree roots from my tree every brought up to me as an issue. Last summer his issue was that my tree was blocking the sun to such an extent that it was interfering with the warming of his above ground pool. I'm taking the tree down soon, but is my neighbor within his rights to sue me for reimbursement of the damages to the tune of $2,000. He's telling me it's my tree roots but there's been no professional assessment if that s really the case, plus he also had brushed planted right along side this house where the damage occured, Please advise. If I'm liable for damages, I'll try to settle with him and avoid a law suit. tThank you for any advise you can give me.Suzanne Venecek***@******.***

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

53,240 satisfied customers
My neighbors bamboo is hanging over my fence the leaves

My neighbors bamboo is hanging over my fence the leaves falling everyday on my lawn and vegetable garden I am 60 and I can't keep my yard clean little sprouts growing in my yard ruining our storage shed I tried to go over there 3 times but they will not open the door

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legalgems

Juris Doctorate

18,146 satisfied customers
I bought a house the newborn came by to tell me the garage

I bought a house the newborn came by to tell me the garage is 3ft over the property line and he had two stakes to mark it he said it had to come down I ask how the previous owners had built it and no one said anything he told me he bought his house 3 years ago and the previous owner of his property allowed the previous owner of mine to build there he said the building inspector wasn't concerned about it and he had threatened to sue the previous owner but the garage is still there what can he do

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

53,240 satisfied customers
We have a designated right of way of 30 feet from the

We have a designated right of way of 30 feet from the highway to our home. Our neighbor has built buildings and fences that have infringed on this right of way where at some places it is only 15 feet wide. We are in Montana and this was a designated right of way on our survey when the land was divided in 1979. We have a copy of the survey with the designated right of way.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

53,240 satisfied customers
I have received different opinions on this issue. An

I have received different opinions on this issue. An easement description has caused a legal issue. I will add the files. In your opinion does the easement description allow the dominant property owner to have full use of the easement area? If a property line fence were erected where would it be located ?

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Attyadvisor

Doctoral Degree

8,536 satisfied customers
I would like a second opinion on an easement description

I would like a second opinion on an easement description that has caused a legal issue. I will add the file. In your opinion does the easement description allow the dominant property owner to have full use of the easement area? If a property line fence were erected where would it be located ?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

53,240 satisfied customers
We recently purchased a 1 acre lot...all lots in this area

we recently purchased a 1 acre lot...all lots in this area are 1 acre or more. Our house is 54 ft from our back property line. The backyard neighbors lot is 1.5 acres, house sits approx 100 ft from line. RIght before pouring our foundation the backyard neighbors decided to build a substantial patio with fire pit literally 3 ft. from our property line. They did so without HOA approval. Is there anything we or HOA can do?JA: Because real estate law varies from place to place, can you tell me what state the association is in?Customer: TXJA: Has any paperwork been filed?Customer: The HOA has sent them a letter stating they must remove patio. But I am not sure just how they are able to enforce? Does the neighbors have any leverage to push back?JA: Anything else you want the lawyer to know before I connect you?Customer: Here is the portion of the HOA restrictions they used to send / enforce letter "No residence, garage, guest quarters, building, structure or other improvements other than landscape plants and materials, driveways, walkways, irrigation systems, and fences shall be located on any lot nearer that 70 ft to the front lot line, or nearer that 20 ft to any side lot line or 50 ft to the rear lot line. For purposes of this covenant, eaves, steps, patios and open structures shall not be considered as a part of the building; provided, however, construction of any portion of the building shall not encroach upon another lot."

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Maverick

Doctoral Degree

8,114 satisfied customers
A large tree snapped in half on my neighbors property.

A large tree snapped in half on my neighbors property. Instead of falling to the ground it is now being propped up by some branches. However, the top half of the tree is precariously edged on the base of the tree and is slowly easing off. I have notified the neighbor of the dangerous situation two weeks ago, but as of now they have done nothing. I believe this constitutes a dangerous situation. There is no telling what direction will fall but it is resting on branches that are on my property. My wife and I do not feel safe going out in the backyard. What steps should I take?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: This is in New Jersey.JA: Has any paperwork been filed?Customer: No.JA: Anything else you want the lawyer to know before I connect you?Customer: I think that is it.

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RealEstateAnswer

Juris Doctor

36,010 satisfied customers
We purchased a home which was on one of 2 adjacent

We purchased a home which was on one of 2 adjacent properties. The lawn and sprinkler system extends at least 15 feet into the other, vacant, lot, which made us believe it belonged to the house. The actual boundary needs to be staked, which because of occluded sight lines will need a surveyor. Now the previous owner has decided to put the adjacent property up for sale. Today we received a letter giving us 5 days to remove the "encroaching" sprinkler system. We are strapped for cash and don't know how the system is constructed. What to do?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: WashingtonJA: Has anything been filed or reported?Customer: If in a legal sense, not to my knowledge. Her letter was cc'd to 2 JDs, however.JA: Anything else you want the lawyer to know before I connect you?Customer: We bought this house last year. The two lots are encircled by the same fence. We are not sorry she's selling the other lot, but it will put us under financial stress, to pay for boundary stakes, irrigation repair, tree removal, etc. we think doing nothing and then dealing with the new owner might be better.

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Loren

Juris Doctor

43,646 satisfied customers
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