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A fairly new neighbor to the neighborhood, asked me if he…

A fairly new neighbor to...
A fairly new neighbor to the neighborhood, asked me if he could plant a tree right off my property line. I told him I didn't want any more trees but would consider a small decorative tree but I didn't want shade or leaves. He acknowledged and said he tries to be a good neighbor. He planted a small tree which I did not take notice that later died. Then he planted another one. I asked him what type of tree was he planting. This is less than 6" off my property line. He said a Willow. I looked up the type he told me to learn it is one of the fastest growing and largest tree that could possibility be planted. It grows to over 30 feet and is a fast grower. It doesn't take rocket science to realize it will kill my brand new garden, the tree will shower over it, and grass wherever it shades. Not only will it have tons of leaves that will be my responsibility to clean up but also acorns and now more squirrels, we already have an abundance. Also more clean up. Worst it will block my lovely sun in my back yard where I enjoy it so much. I called the township and they don't get involved. Do I have any legal rights since it is so close to my property and causing me distress. I have been upset for over a year about this. We no longer speak to each other. To block my light in my yard and house doesn't seen fair.
thanks Joyce
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Answered in 1 hour by:
3/16/2018
Attorney2
Attorney2, Attorney
Category: Legal
Satisfied Customers: 8,995
Experience: 30 Years In General Practice,
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Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you.

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Which State does your question pertain to? Is your real property located in a homeowner's association?

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Customer reply replied 5 months ago
Pennsylvania, no homeowners association. We do like in a conservative township.
Customer reply replied 5 months ago
No call at this time, looking for an online answer.

Please ignore the telephone call request. We can continue in this format.

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Thank you for the clarification. We need to check to see if there are any restrictions on trees and rights to your view. Let me pull up the code.

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Where in PA?

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Customer reply replied 5 months ago
Lancaster Manheim township

Let me pull that up for you.

As a side note if your neighbor is allowed to plant but causes debris on your property the neighbor is responsible for the clean up and you can bring a nuisance action against him.

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"There are civil court cases on this question and it is generally understood that an owner of real estate has a cause of action against any person who has committed a trespass upon his land...

A landowner generally has a right not only to the exclusive possession of the surface of his property but also to what lies above and below it. There is a property right in the air space above the land, and this property right can be invaded by overhanging objects, including tree limbs. When tree branches overhang a property line, the aggrieved landowner is not limited to seeking monetary relief for any damage that may have occurred. When tree limbs grow over onto another person’s property, there is a trespass. In fact, in the case of tree limbs, there is a continuing trespass occurring by the mere fact of the overhang and the possessor of land is entitled to pursue various remedies, including self-help...

Two court cases that outline the trespass issue are listed below:

Jones v. Wagner, 425 Pa. Super. 102, 624 A.2d 166 (1993), app e al denied, 536 Pa. 626, 637 A.2d 286 (1993).

Koresko v. Farley, 844 A.2d 607, 617 (Pa. Cmwlth. 2004) (“encroaching tree parts are a trespass which a landowner may remove”)." http://www.manheimtownship.org/faq.aspx?qid=287

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You are entitled to the enjoyment of your property. Blocking your light and air space is an issue for the neighbor. To nip this in the bud (no pun intended) please contact Planning and Development and let them know your concerns at https://www.manheimtownship.org/index.aspx?nid=478

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Customer reply replied 5 months ago
Can you tell me what would be the next step or recourse to complain about this issue? Where would I start?

You contact Planning and Development at the link I provided above.

"Planning and Development and let them know your concerns at https://www.manheimtownship.org/index.aspx?nid=478"

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