Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I reside in the city of Maricopa, AZ (Rancho El Dorado Subdivision).

Customer Question
We recently (October of 2013)...
I reside in the city of Maricopa, AZ (Rancho El Dorado Subdivision). We recently (October of 2013) purchased a house with a pool. The neighbor to the west has 3 over grown trees (25+ feet) in a small yard (55' wide). One of the 3 trees has shedding flowers (as well as high overhead tree limbs encroaching our property) which shed 2 times a year. A good portion of the shedding ends up in our pool. During these 2 periods, our pool has to be cleaned minimally twice a day in order to enjoy our pool. We already had to replace 1 pool filter last year and worried than the shedding flowers will result in another replacement in the future. These trees are not only shedding in our yard, but 4 other yards. The tree trunk is fairly close to the brick partition fence and about 15 feet from our pool walls. Not sure were the roots a spreading to, but have fear that some time in the future, they may breech the pool wall. I sent a complaint letter in April of 2014 to the HOA and they said nothing could be done. The neighbor's house had a past purchased in the year 2009 as well as our house. At the time of purchase, our pool existed. At the time of purchase, the neighbor's house did not have any landscaping or trees in rear yard (I have MLS pictures for proof). The neighbor's house is a rental property, so it is difficult to discuss this issue. Is there a "nuisance" law pertaining to this issue and if so, can it be referenced? Any help will greatly be appreciated.
Submitted: 3 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 8 minutes by:
6/3/2015
Real Estate Lawyer: Barrister, Lawyer replied 3 years ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,621
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
.
There is not a specific statute that deals with "private nuisance" but it is well established under common law as well as caselaw in AZ. "Private nuisance" is one affecting a single individual or definite small number of persons in enjoyment of private rights not common to the public.
.
The difference between a private nuisance and a public nuisance is generally one of degree. A private nuisance is one affecting a single individual or a definite small number of persons in the enjoyment of private rights not common to the public, while a public nuisance is one affecting the rights enjoyed by citizens as a part of the public. To constitute a public nuisance, the nuisance must affect a considerable number of people or an entire community or neighborhood. City of Phoenix v. Johnson, 51 Ariz. 115, 75 P.2d 30 (1938)
.
A private nuisance is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation.
.
So if the neighbor's tree is causing an interference with your use and enjoyment of your property, then you can file suit against them and seek an order from a judge for them to abate the nuisance or pay you damages.
.
.
thanks
Barrister
Ask Your Own Real Estate Law Question
Customer reply replied 3 years ago
Trying to take the easy way before filing a suit. Considering I am located in a HOA with single family detached housing, do you think there may be some restrictions on what can be grown in the rear yard?
Real Estate Lawyer: Barrister, Lawyer replied 3 years ago
There might be, and you can review your CCRs and Bylaws to see if there might be some restriction on "nuisance trees" that would prohibit them and give the HOA grounds to start fining the owner if they didn't remove them.
.
If you didn't want to jump right to suing, you could have a local attorney send a "cease and desist" letter basically threatening to sue if they didn't abate the nuisance... Sometimes a letter from an attorney is all it takes to get them to realize that you mean business.
.
.
thanks
Barrister
Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,621
43,621 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

Barrister 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

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

43,621 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

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

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

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

Ely

Ely

Counselor at Law

4,998 satisfied customers

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

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
My sister in NC had overhanging limbs encroaching her yard
My sister in NC had overhanging limbs encroaching her yard cut by her landscaper. Instructions given to landscaper to cut ONLY OVERHANGING LIMBS & NOT TO GO ONTO NEIGHBORS PROPERTY. HIS WORKERS cut th… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,947 satisfied customers
Live in Salem Oregon. Our new neighbors have decided to
Live in Salem Oregon. Our new neighbors have decided to plant 2 flowering cherry & pear trees within 6-8 inches of our property line and the trees are planted in a sloping walkway area with pavers use… read more
Barrister
Barrister
Lawyer
Doctoral Degree
43,621 satisfied customers
My neighbor says the roots of my tree is ruining her flower
My neighbor says the roots of my tree is ruining her flower bed. Also she says it's ruining the fence. The tree does not even touch the fence. Nor does it hang over like her plum tree does with fruit … read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
Hello, I live in a zero lot home in California. My neighbor has a lawyer, not a lawsuit de
Hello, I live in a zero lot home in California. My neighbor has a lawyer, not a lawsuit demanding I remove all the foliage and any structures 1.5 feet from her home (they don't restrict her from acces… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I LIVE IN TEXAS A NUMBER OF YEARS AGO MY NEIGHBOR PLANTED A
I LIVE IN TEXAS A NUMBER OF YEARS AGO MY NEIGHBOR PLANTED A TREE JUST OVER THE PROPERTY LINE .IT IS ABOUT 30 FT HIGH AND MY TREE GUY SAYS ITS GOING TO 50 FT IT HAS AN EXPANSIVE ROUTE SYSTEM AND IS STA… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I live in San Diego, Ca. and I bought a house in 1993 that
I live in San Diego, Ca. and I bought a house in 1993 that has a tree 6 feet off the back property line. 5 or 6 years ago a family bought the property behind mine and put a lap pool in their back yard… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I am a residential property owner in LA county and have an
I am a residential property owner in LA county and have an issue with a neighbor who claims that 50' of the block wall fence that divides our properties is encroaching on his land by 3" and that I can… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
I moved into a house in St Johns County Florida which already
I moved into a house in St John's County Florida which already had a fence installed by the previous owner surrounding the back yard. The neighbor behind me purchased their house several years ago sup… read more
BartEsq
BartEsq
Attorney
Doctoral Degree
674 satisfied customers
We live in Las Vegas, NV., in a HOA community. Our back yard
We live in Las Vegas, NV., in a HOA community. Our back yard neighbor has several pine trees planted about two feet from the common cinder block wall between us. For many years now we've asked them to… read more
Ely
Ely
Counselor at Law
Juris Doctor
4,998 satisfied customers
The property behind mine has huge palm trees that are causing
The property behind mine has huge palm trees that are causing me several problems. The palm frawns are hanging over and falling into my yard. The palms also have huge limbs filled with seeds that are … read more
BartEsq
BartEsq
Attorney
Doctoral Degree
674 satisfied customers
Need specific advice for Fairfax County, VA. What is the law
Need specific advice for Fairfax County, VA. What is the law regarding trees growing on a property line in Fairfax County, VA? My neighbor cut down a tree which grew 50% on their property and 50% on m… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I have 5 large redwood trees on my property. (which is one
I have 5 large redwood trees on my property. (which is one of the reasons I purchased the property). My neighbor absolutely hates my redwood trees as she has a pool and twice a year the trees release … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
The property behind us, a business, has two very large trees
The property behind us, a business, has two very large trees just over the property line that are lifting the concrete wall (they own this wall) and the pool decking close to the property line. We are… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
My neighbors have a number (6) of large trees that border
My neighbors have a number (6) of large trees that border on our/their property line. One is close enough that the roots are causing the cement blocks on the property line to seperate approximately a … read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
My neighbors Ficus Tree destroyed my sewer line. It has cost
My neighbors Ficus Tree destroyed my sewer line. It has cost me $4400 to replace 50 feet of sewer line on my property. Now we are informed that another 40 feet of sewer line in the street needs to be … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Do I have to pay for removing branches from my tree that is
Do I have to pay for removing branches from my tree that is hanging over my neighbors yard. It is not dangerous but is shading his flower beds? Do I have to pay for removing a branch of another tree h… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Im aware of the VA Tree Law and I need to get my neighbor
I'm aware of the VA Tree Law and I need to get my neighbor to trim or remove the dying tree that is encroaching onmy property. I've had a bad experience with the neighbor as they realized the tree was… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 satisfied customers
I am in the final stage of purchasing a house. The one remaining
I am in the final stage of purchasing a house. The one remaining issue is the survey; it discloses four violations. A swing-set 1.7 feet on neighbors yard, a doll-house 1.4 feet on county utility ease… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 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