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Related Real Estate Law Questions
We need some legal advise involving tree root damage that
We need some legal advise involving tree root damage that occurred on our property. The trees and roots are in HOA common area property. We remove sections of the driveway and had a certified arborist… read more
Attyadvisor
Attyadvisor
Doctoral Degree
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I live in an HOA community. My backyard (private property)
I live in an HOA community. My backyard (private property) has damage from tree roots from a tree in the common area behind my home. The HOA came to my home, had the landscaping company dig to expose … read more
Attyadvisor
Attyadvisor
Doctoral Degree
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Homeowner (me) in dispute with HOA. A tree owned by the HOA
Homeowner (me) in dispute with HOA. A tree owned by the HOA has caused significant damage to my driveway. They acknowledge ownership, but have set a cap on reimbursement for driveway replacement of $5… read more
Attyadvisor
Attyadvisor
Doctoral Degree
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My neighbor found out that I am moving and even though we
My neighbor found out that I am moving and even though we discussed trimming my Fichus tree and root system, due to claimed damage in Nov 2016. I did cut the tree back significantly and the roots at t… read more
Loren
Loren
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We live in a community that has a HOA. A fellow in the
We live in a community that has a HOA. A fellow in the community had a tree planted by the HAO in the common area next to our block wall.(5') from our property. This fellow said to the board that he wanted it there to offer shade of the west sun on his coach, which is across the street from us. As it turns out, this tree location does not offer any shade to his coach location at any time of the year. It does however pose a treat to our property. These trees (sissoo) grow quickly and can have a 50 spread. The fellow was upset that we built our house because it blocks his view. I am convinced that the true reason he wanted the tree there was to block our view of his lot. This is known as a spite fence. We had a meeting with the general manger and the "Advisory Board" and formally asked that the tree be removed to protect our property from damage, and to stop our view of the foothills from being blocked from out upstairs deck. (we have a two story) I mentioned we have an advisory board because we do not have more than 50% ownership. I did not think the advisory board could make this decision. Where van we go from here? … read more
Attyadvisor
Attyadvisor
Doctoral Degree
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Good Morning. I leave in an HOA community, where the HOA
Good Morning. I leave in an HOA community, where the HOA common area cottonwood tree roots penetrated and pushed up my side walk, went under my concrete foundation and also reached the pool filtration… read more
Barrister
Barrister
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Doctoral Degree
12,142 satisfied customers
2 part question:1) We have 2 Huge trees very close to our unit.
2 part question:1) We have 2 Huge trees very close to our unit. Their roots ruined our last patio(the BOD said it wasn't the roots that caused the cracks) We replaced with pavers 5 years ago. Now, Pav… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I have a rental in Bullhead City, AZ which has common areas
I have a rental in Bullhead City, AZ which has common areas managed by an HOA. In the back yard I have a tree which has roots that have caused one of the common walls to crack and the HOA has asked me… read more
Lucy, Esq.
Lucy, Esq.
Juris Doctor
27,394 satisfied customers
Have owned a condo since '94, there is a large, healthy Maple
Have owned a condo since '94, there is a large, healthy Maple tree growing behind my personal back patio fence. The tree is on 'common ground' not my side of the fence. Roots are now surfacing, pressi… read more
Lucy, Esq.
Lucy, Esq.
Juris Doctor
27,394 satisfied customers
If a view in an association is considered to be the ocean and
If a view in an association is considered to be the ocean and the mountains and a person has complained about a view obstruction over palm trees and that obstruction initially dropped however, we kept… read more
Attyadvisor
Attyadvisor
Doctoral Degree
9,549 satisfied customers
Tree roots from the common area have grown under my patio
Tree roots from the common area have grown under my patio concrete slab and caused cracks and lifting part of the slabs. I initially thought this damage was caused from the sunlight but when I lift up… read more
Dimitry Esquire
Dimitry Esquire
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Doctoral Degree
5,526 satisfied customers
Last April (2011) I asked for a written estimate for services
Last April (2011) I asked for a written estimate for services to remove a patio fence, the patio itself and a tree that was on the patio. I actually have the estimate that provides pricing for each li… read more
A-LEGAL-MIND
A-LEGAL-MIND
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Doctoral Degree
142 satisfied customers
we have a large tree in our common area whose roots have invaded
we have a large tree in our common area whose roots have invaded the (exclusive use) patio of one of the units, lifting the sidewalk, fence, and pavers in that patio. the owner has requested relief; i… read more
WiseOwl58
WiseOwl58
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4,357 satisfied customers
if there is a house for sale next to me and there trees are
if there is a house for sale next to me and there trees are damaging my property the stumps are lifting my driveway. and the roots are on there way into my water pipes. also the trees branches are han… read more
Ellen
Ellen
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Doctoral Degree
21,737 satisfied customers
We live in an end unit townhome in Northern Virginia. Our
We live in an end unit townhome in Northern Virginia. Our home borders common area, including 2 huge pinetrees which were planted about 2 away from our property line. The roots are mostly exposed abov… read more
Maverick
Maverick
Doctoral Degree
6,984 satisfied customers
Hi and thank you for the rapid response. This tree is not on
Hi and thank you for the rapid response. This tree is not on our property.In other words, it is in the common area which is owned by the HOA. The roots have grown into the sewer system and is causing … read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
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MyHomeowner Association had a large Sycamore tree 4 feet outside
MyHomeowner Association had a large Sycamore tree 4 feet outside my patio fence, on the common area. For 3 years, I wrote members of the Landscape Committee and Board of Directors, advising them that … read more
Infolawyer
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Doctoral Degree
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I live in a town house and my neighbor has a tree that has
I live in a town house and my neighbor has a tree that has roots on my property some being at least an inch above ground. I have written several letters regarding, to no avail.… read more
Dave Kennett
Dave Kennett
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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).

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Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

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Ray

Ray

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8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

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6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

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Dimitry Esquire

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JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

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Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

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3,572 satisfied customers

12+ yrs. of experience including real estate law.

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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).

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