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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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LIVE IN TOWNHOUSE COMMUNITY. NEXT DOOR NEIGHBOR RAISED PROPERTY

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LIVE IN TOWNHOUSE COMMUNITY. NEXT DOOR NEIGHBOR RAISED PROPERTY PREVENTING WATER DRAINAGE TO BASIN. HOMEOWNERS ASSOCIATION OF NO HELP ALTHOUGHT THEY APPROVED IT. THEY WILL NOT GIVE COPIES OF DOCUMENTS. CURRENTLY WRITING GOVERNOR'S OFFICE FOR ASSISTANCE. NEIGHBOR ALSO HAS LARGE OAK TREE WHICH BASE HAS ENCROACHED OVER PROPERTY LINE. ALSO HAVE BRANCHES OVER PROPERTY NOW. TREE AT PROPERTY CORNER AND ALSO PREVENTS WATER DRAINAGE. ROOT SYSTEM IS OVER UTILITIES AND ONLY MATTER OF TIME BEFORE PROBLEMS. NEIGHBOR WILL NOT CUT DOWN TREE. APPROXIMATELY 24-28" DIAMETER. 2/3 OF TREE ON NEIGHBOR. HOW DO I GET RID OF TREE AND DRAIN MY WATER? DO NOT SPEAK TO NEIGHBOR.

If you need the documents and the Homeowners Association will not give them to you, the only alternative you have is to sue them and get copies.

 

As for your neighbor, you can cut the branches that grow across your property, but you cannot cut the tree down. You should get a tree surgeon knowledgeable in this area because if you do anything that kills the tree, he can sue you, even though you had every right to cut the branches. As for the roots, you should protest this in writing. Send the letter to your neighbor by certified mail and send a copy by regular mail. Put him on notice that the roots are growing onto your property and you are putting him on notice right now in order to prevent damage to your property by the roots in the future, and that you will look to him for all damages caused by the roots.

 

If this does not work with the neighbor, you will just have to sue him. You can tell him in your letter that you are trying to amicably resolve this problem and hope that it will not have to go to Court.

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ANDREA, JD, LLM

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