Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

A large dead tree in our front yard is so close to the property

line that it can't be...
A large dead tree in our front yard is so close to the property line that it can't be removed without stepping on the wooded lot next door. Also, there are several smaller trees, diseased or dead, along the property line. Some are on the neighbor's side, some on ours, and some right on the line. Last winter one of the small trees fell on our house. We showed the downed tree to our neighbor and obtained verbal permission to remove the others, all at our expense. His one condition was that he be present when the work is done. Today when we called to tell him that the tree crew will be here in two days, he denied ever speaking with us about it. He is elderly and may be senile. What can we do to resolve this situation? Waiting for him to die is not an option.
Show More
Show Less
Ask Your Own Legal Question
Answered in 6 minutes by:
7/7/2013
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,498
Experience: Retired
Verified
Hello,

To the extent that a tree is on your side of the property line you can remove it.
To the extent that the tree is on the property line, and it is dead or diseased, you can abate the trespass and nuisance.
To the extent that the tree is on the neighbor's side of the property line, you cannot remove it, unless the tree is in imminent danger of collapsing onto your property. This too, would be abatement of a nuisance.

This should give you sufficient grounds to remove the majority of trees, regardless of whether or not you have the neighbor's permission. You need to be able to demonstrate the nuisance to law enforcement should the sheriff arrive. And, you cannot continue to work if there is a serious risk of physicial altercation (breach of the peace), because that would give law enforcement authority to arrest you (and the neighbor).

So, you may want to have an arborist present to confirm that trees on the neighbor's side are in imminent danger of collapse.

Hope this helps.
Ask Your Own Legal Question
Customer reply replied 4 years ago

Thank you so much for your response. I forgot to mention that my neighbor said he will put up "No Trespassing" signs before the tree service crew arrives. Also he is claiming (incorrectly) that the boundary is marked by a dog pen that we put up about a foot inside the property line. We will not be able to prove to a sheriff where the actual property line is because our lot is a very odd shape and one of the survey pins is missing/concealed by overgrowth. Do these facts change anything?


 


 

If the sheriff cannot determine the property boundaries, then the sheriff will back away and tell you both that this is a "civil matter," and you'll have to work out your differences in court. Law enforcement cannot enforce a criminal trespass claim without clear boundaries (which means surveyor marks). A sheriff's deputy is not a surveyor, and the sherrif won't hire one to resolve the dispute.

The no trespassing signs will not matter, because you can claim that all of the tress are on your side of the boundary line, and there will be no means of determining differently.

In the worst case, the sherrif would tell you that you can''t remove any of the trees, because no boundary is apparent. If that happens, then you will have to hire a surveyor to plainly mark the boundaries. Then you can remove the trees as I previously described, and/or sue the neighbor for damages and/or an injunction for the nuisance.

You can sue in small claims, without a lawyer, only for money, and only up to $5,000. If you win, that ought to be sufficient leverage to permit you to get the neighbor to remove the trees. If you sue in regular civil court, then you can get an order to remove the trees, but it could cost you a lot of legal expenses to do so. The neighbor would have similar expenses, which hopefully would stimulate a settlement.

The final recourse would be that if the neighbor shows signs of mental illness when the sheriff is present, then the sheriff may just take the neighbor into protective custody for observation -- or contact Adult Protective Services to determine if the neighbor needs to be placed in a nursing home.

Which would solve all your problems.

Those are the possibilities. Hope this helps.
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,498
Experience: Retired
Verified
socrateaser and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

Thank you so much. I feel prepared for whatever may come. Best wishes, Marie

Customer reply replied 4 years ago

Followup: Our neighbor was so impressed with the tree guys and all their equipment, he rolled over completely. Next time I have to deal with him I'm wearing a helmet, chaps, ear protection, and crampons. He gave the crew leader permission to take down all the dead/dying trees along the property line. I took photos of the trees in case he forgets, but there's no way he's going to pay for a survey. Good to know about abatement of a private nuisance. Thanks again.

It's nice to read of a happy ending. So many customers come to this website when there is no longer any hope.

Best wishes.
Ask Your Own Legal Question
Customer reply replied 4 years ago

(:

Ask socrateaser Your Own Question
socrateaser
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,498
39,498 Satisfied Customers
Experience: Retired

socrateaser is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I want to file in small claims court in Oregon because it's
I want to file in small claims court in Oregon because it's less than 10,000. Can you link me to the form that I need and also help me to understand the process of small claims court?… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,121 satisfied customers
My son is looking for a small claims attorney in the Omaha,
my son is looking for a small claims attorney in the Omaha, NE area. he had damage to his home, insurance paid to have it repaired but the roof continues to leak. he has made numerous attempts to cont… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I filed a small claims against Verizon. Was awarded
I filed a small claims against Verizon. Was awarded $6500.00. However, Verizon filed a motion in district court (not small claims) for award to be vacated. Was granted.Even so, contact states both Ver… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
I'm a plaintiff needing to immediately in small claims court
I'm a plaintiff needing to immediately in small claims court file a Motion to Strike a Motion to Quash/Dismiss. I have two concurrent small claims cases in two cities. The defendant submitted a Motion… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
What happens in a small claims/eviction when a defendant is
what happens in a small claims/eviction when a defendant is not properly served the summons papers … read more
LegalGems
LegalGems
Juris Doctorate
10,647 satisfied customers
What is the highest limit in small claims court in nc.
what is the highest limit in small claims court in nc … read more
Lori
Lori
Juris Doctor
256 satisfied customers
Is there a time frame you can file for small claims in IA?
Is there a time frame you can file for small claims in IA? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
I am contemplating a small claims action and this is my
I am contemplating a small claims action and this is my first. My wife and I purchased two cell phones and related agreements from Victra/Verizon and promises were made; etc. Part of their process is … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,316 satisfied customers
An attorney is suing me in small claims court for not
an attorney is suing me in small claims court for not signing a settlement agreement in a case that i agreed to settle only after he agreed to lower his fee and expenses but then didn't do so. I refus… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
What is the maximum dollar limit for Colorado small claims.
What is the maximum dollar limit for Colorado small claims … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
My small claims court date was postponed by the defendant
My small claims court date was postponed by the defendant from October 24 as he works in China. He set the date for January 4. I have business in Australia until Jan 6. Please list the following Janua… read more
socrateaser
socrateaser
Lawyer
39,498 satisfied customers
My small claims court date was postponed by the defendant
My small claims court date was postponed by the defendant from October 24 as he works in China. He set the date for January 4. I have business in Australia until Jan 6. Please list the following Janua… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
Can a small claims suit be filed within California in the
Can a small claims suit be filed within California in the county where it was delivered vs. the county where the move originated? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
I am a plaintiff in small claims court and was given a
Second opinion] I am a plaintiff in small claims court and was given a default judgment against debtors who did not appear in court. Now there is a motion to set aside the judgment. What are my rights… read more
Juliana
Juliana
Attorney at law
Doctoral Degree
18 satisfied customers
Is it difficult to contest a small claims decision when you
Is it difficult to contest a small claims decision when you feel the underlying decision was not fair … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
It's about my probability in winning a small claims case.
hi it's about my probability in winning a small claims case. could you help me with that … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
I am the defendant in a small claim in Wisconsin, the
I am the defendant in a small claim in Wisconsin, the Defendant and her lawyer did not appear on the scheduled court date - the court dismissed the case. They want to reopen the case, and have a heari… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
980 satisfied customers
Small claims for business. California Orange County. No. Im
1. Is it defense if there is not a signed agreement in place… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,276 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x