Real Estate Law

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

Ask a Lawyer,
Get an Answer ASAP!

Nieghbor has a 40 foot palm tree right on the fence. The palm…

Customer Question
nieghbor has a 40 foot...
nieghbor has a 40 foot palm tree right on the fence. The palm has never been maintained. I have had to dodge palm fons when there is a gust of wind. They refuse to get the palm trimmed because this is a rental property and they are cheep. what can i do?
Submitted: 3 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 24 minutes by:
6/5/2015
Real Estate Lawyer: socrateaser, Lawyer replied 3 years ago
socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,978
Experience: Attorney and Real Estate broker -- Retired
Verified
Hello, What you are describing is called, "private nuisance." You can sue the neighbor in small claims court for the costs associated with the clean up of your property, and for the invasion of your property rights. You could even hire someone to enter your neighbor's property and trim the tree, and sue for that cost. The problem is that doing so could cause a physical altercation, and that could get you and your neighbor arrested for a breach of the peace. Also, someone could get hurt or even killed. People are unusually protective of their property rights. Of course, if the property is rented, then the tenants probably wouldn't care if a tree trimmer were to show up and trim the tree. They would probably assume that the landlord hired the worker, and just let it go at that. After which, you could sue for the actual costs. Or, you can get a quote to trim the tree, and sue for the cost of having it trimmed. There is another problem associated with small claims court that I must explain. The small claims judge can only award money. The court cannot force the neighbor to trim the tree, or to permit you to hire someone to do so. In order to get that type of enforcement (termed, "injunctive relief"), you must sue in Superior Court, and that means a lawyer and substantial costs. You may want to consider hiring a lawyer to send the landlord a letter threatening legal action if you cannot reach a settlement of the matter. Sometimes, a letter signed by an attorney can motivate settlement, especially when the neighbor becomes aware that he/she may suffer large legal expenses, and has no chance of prevailing. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using justanswer.com!
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 socrateaser Your Own Question
socrateaser
socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,978
39,978 Satisfied Customers
Experience: Attorney and Real Estate broker -- 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

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:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 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

4,925 satisfied customers

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

< Previous | Next >

Related Real Estate Law Questions
We have a rental property in New Mexico that was managed by
Hello, we have a rental property in New Mexico that was managed by a property manager. We recently terminated that contract with them because of our intention to sell the house. At the same time, the … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,223 satisfied customers
I just left a rental property after two years because six
I just left a rental property after two years because six months ago the water softener broke and the landlord never fixed it. The water pressure was weak and the showers constantly dripped. Do I have… read more
LegalGems
LegalGems
Juris Doctorate
12,221 satisfied customers
Can I get evicted because my landlords say I am a nuisance?
can I get evicted because my landlords say I am a nuisance? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,162 satisfied customers
Can you do a 1031 exchange (rental property to rental
Can you do a 1031 exchange (rental property to rental property) and then eventually move in? is there a minimum time that the acquired property must remain a rental property before we can move into it… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I have a rental property. The tenant is behind on rent. They
I have a rental property. The tenant is behind on rent. They lease is in the boyfriend's name but he is in jail. The pregnant girlfriend is refusing to move. She is telling me that I cannot evict her … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,162 satisfied customers
I'm interested in buying a rental property. I want it to be
Hello,I'm interested in buying a rental property. I want it to be under my LLC and have no tie to me personally. I'm assuming I'll need to use my personal credit to get the mortgage loan. If this is t… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I received a rental property as a gift. The tenant damaged
I received a rental property as a gift. The tenant damaged the property and i had to repair it. I did not haendve the money to do so. I asked my friend who gifted to me to pay for the repairs untill i… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Are landlords of rental properties required to provide
Are landlords of rental properties required to provide screens on windows? Our windows open, but there aren't any screens and mosquitoes and other nasty bugs always come in. We live in San Francisco.… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,223 satisfied customers
I have a rental property in Orlando that is managed by a
Hello, I have a rental property in Orlando that is managed by a property management company. The HOA president informed me that the occupant of the property is a registered sex offender with multiple … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
Selling a rental property. agreed to an offer, appraisal
selling a rental property. agreed to an offer, appraisal came in very low, buyer offered some cash to help. We agreed, signed documents, then got closing estimates. We were already underwater, cost to… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,162 satisfied customers
In nov of 2000 I purchased a rental property. The seller
In nov of 2000 I purchased a rental property . The seller carried a 2nd mortgage as part of financing . I made payments to him monthly and in 2004 I paid him off, and he sent me a release of Lein. So,… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I am the PR for an estate with a rental property. The person
Hi I am the PR for an estate with a rental property. The person who passed away had a will that had to go through probate death. He passed away July 2017. Due to delays with the probate I didnt have a… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
We are selling a rental property in California and month to
We are selling a rental property in California and month to month tenant with adult visually impaired child is refusing to leave property by 45 day notice date. He apparently has no place to move to. … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Capital gains tax on sale of rental property. Are the
Capital gains tax on sale of rental property. Are the capital gains rates based on what you paid for property verses what you sold it for? … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Capital gains tax on sale of rental property. Are the
Capital gains tax on sale of rental property. Are the capital gains rates based on what you paid for property verses what you sold it for? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
We have a second home that was originally a rental property.
we have a second home that was originally a rental property. owe way more than it's worth. We had a settlement with the mortgage company and we were going to pay that and then they sold the mortgage. … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,896 satisfied customers
I am a homeowner. A rental property on our block recently
I am a homeowner. A rental property on our block recently had flooding problems and the basement needed to be pumped out. The pump hose was emtying into the property next to their's, which is right ne… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,040 satisfied customers
I need atty to sue nuisance neighbor. city has not enforced
i need atty to sue nuisance neighbor. city has not enforced code violations against neighbor for 6 years. neighbor has trashed property, hobos living in cars, no electricity or bathroom for bums livin… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,025 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