Real Estate Law

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

Ask a Lawyer,
Get an Answer ASAP!

My neighbor planted trees after I purchased my property with…

Customer Question
My neighbor planted trees after...
My neighbor planted trees after I purchased my property with the larger number of the trees planted on the side of my home, the limes of the trees have been within feet of my home. (Water Oaks) we were informed that she was required to ask permission to before planting because there were no trees there before we purchased it. I have seen the damage that water oaks can do and I do not like this situation, what is my legal right.
Submitted: 3 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 4 minutes by:
7/2/2015
Real Estate Lawyer: Barrister, Lawyer replied 3 years ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,021
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.
.
Do you have a specific restriction in the neighborhood that requires someone to obtain permission before planting trees?
.
Are you in a neighborhood that is governed by a HOA or is this a local ordinance?
.
If so, is this a HOA rule?
.
How long have the trees been planted?
.
.
thanks
Barrister
Ask Your Own Real Estate Law Question
Customer reply replied 3 years ago
I have no idea of what the HOA requires I did read up on the FL state Encroachment Law pertaining to trees. Needless no one will purchase property when there are trees planted less then 20 feet from the home especially oak trees.
Real Estate Lawyer: Barrister, Lawyer replied 3 years ago
Ok, so are you just relying on what someone told you regarding having to have permission to plant trees or do you actually have some ordinance or law that you can point me to so I can review it?
.
Are the trees crossing over the property line or damaging your property?
.
.
thanks
Barrister
Ask Your Own Real Estate Law Question
Customer reply replied 3 years ago
She planted the trees about 11 years ago yes their limbs are acrossed the property line along with the roots ans as the grow the trees will into my fence and the fence sits back 6 inches from the property line. We have been battling this issue since she planted then 10 or 11 years ago.
Real Estate Lawyer: Barrister, Lawyer replied 3 years ago
Ok, then if her trees are crossing over the property line with either their limbs or roots and damaging your property, then you could file suit against her for trespass to property and "private nuisance" and hold her responsible for any damages and to force her to cut the trees back to her property line or remove them.
.
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.
.
The trees are considered her personal property and as such, if they are crossing over onto your property, that is a trespass and private nuisance and you can hold her liable in court for any damages and to abate the nuisance.
.
You can sue in small claims court in FL for up to $5,000 if your damages and the estimated costs of trimming the trees back to her line were that or lower.
.
.
thanks
Barrister
Ask Your Own Real Estate Law Question
Customer reply replied 3 years ago
how or who do I contact some one to assist me with this matter? Could you direct my in the right direction?
Real Estate Lawyer: Barrister, Lawyer replied 3 years ago
If you are talking about finding an attorney to assist, unfortunately, I am not allowed to recommend anyone personally under my agreement with JustAnswer. However, these are a couple sites that we attorneys actually use if we need foreign counsel in a state where we aren't licensed. Further, customers have consistently reported good results with these sites:
.
www.martindale.com
.
www.lawyers.com
.
They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews.
.
You might also want to contact the local Legal Aid office, (not the Public Defender..different office) and see if they could help or refer you to a low cost attorney who could assist.
.
It might be as simple as having an attorney send a "cease and desist" letter threatening to sue for trespass and private nuisance if neighbor didn't cut the trees back to the property line. Sometimes a letter from an attorney will "encourage" someone to act rather than being dragged into court to lose.
.
.
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: 43,021
43,021 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

43,021 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
A 100 yr old Oak tree is on the property line of my neighbor
A 100 yr old Oak tree is on the property line of my neighbor and I. We have lived here 30+ years and built this house here because of the beautiful old Oak trees. My neighbor moved in 10 yrs ago and d… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,232 satisfied customers
Neighbors cut down trees near property line and after
Neighbors cut down trees near property line and after cutting them down had the land surveyed. They cut 30 feet onto my side of the property line. What action could I take? The severely compromised th… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,932 satisfied customers
I live in, DC and there was a huge Oak tree (heritage tree)
Hello. I live in Washington, DC and there was a huge Oak tree (heritage tree) in my back yard between my and my neighbor's home. The trunk of the tree was mainly on my side. Similarly but in the front… read more
Barrister
Barrister
Lawyer
Doctoral Degree
43,021 satisfied customers
Fifteen years ago (approx.) a contractor built a new
Fifteen years ago (approx.) a contractor built a new subdivision behind our property. He built a "consideration" fence across the back of our property & up part of one side where the subdivision prope… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,182 satisfied customers
We live in Los Angeles, CA. When we purchased our home in
We live in Los Angeles, CA. When we purchased our home in 1998 there was a cinder block wall dividing our property with the back neighbor's property. We planted trees near the fence about 15 years ago… read more
Marsha411JD
Marsha411JD
Doctoral Degree
20,649 satisfied customers
I had a home built about a year ago in Gwinnett County
I had a home built about a year ago in Gwinnett County Georgia that contains a buffer zone in my back yard. However the actual buffer was not noticable until some of the leaves/brush start falling. Th… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I live in California in a single family home within very close
I live in California in a single family home within very close proximity (nearly zero lot line) to my neighbor of 17 years. There is only 3.5 feet from the side of each home to the property line. He p… 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
Yesterday, a contractor crew from the electric company came
Yesterday, a contractor crew from the electric company came to our home during the time we were away to trim our oak tree whose branches extended into the utility easement. When they left, we discover… read more
Barrister
Barrister
Lawyer
Doctoral Degree
43,021 satisfied customers
We have just completed construction of our new home. Our lot
We have just completed construction of our new home. Our lot has 5 large live oak trees that line the street. It is a requirement of the subdivision that each home owner plant and maintain live oak tr… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
I want to know if I am responsible for damages for my tree
I want to know if I am responsible for damages for my tree roots. My house is over 30 years old and so is my neighbor. There are 40 foot trees all over our properties. We live in OldE Oaks subdivision… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
Hi! My name isXXXXX husband and I are home owners. We
Hi! My name isXXXXX husband and I are home owners. We have very small piece of land close to our house as other owners. Other owners built balcony or party or flower bed... I would like to plant small… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
Real Estate Law (Ventura County - CA)...How much of a trees
Real Estate Law (Ventura County - CA)...How much of a tree's trunk needs to be on your land in order to be considered a boundary tree? Does the removal of a "boundary" tree need to be mutually agreed … read more
Juliana
Juliana
Attorney at law
Doctoral Degree
18 satisfied customers
My next door neighbors Walnut tree has lifted the sidewalk
My next door neighbor's Walnut tree has lifted the sidewalk on the side of my house and I know within time it will get worse and perhaps the next thing it will be lifting is the foundation of my house… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I live in Houston, Texas. Not sure if TX law is any different
I live in Houston, Texas. Not sure if TX law is any different for this case. When I came home last night from work, I found that the neighbor who resides in the house behind mine had cut several major… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,940 satisfied customers
I bought a 50 year old home in May 2010 in Boise, ID. On the
I bought a 50 year old home in May 2010 in Boise, ID. On the property line there are 3 maple trees, big with trunks about 4' in diameter. the fence goes up to the trees, stops and then continues on th… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,459 satisfied customers
In Campbell, ca, a neighbor to my mother planted a palm tree
In Campbell, ca, a neighbor to my mother planted a palm tree that will get in excess or 50 feet (its about 12 feet tall now) on their common property line with about 3/4 of the tree trunk and base on … read more
Real Estate Expert
Real Estate Expert
Juris Doctor
1,970 satisfied customers
I live in Leon, County Florida. I have two questions that involve
I live in Leon, County Florida. I have two questions that involve the same neighbor and a hedge and a tree. 1) The neighbor planted a hedge many years ago right on our property line. They were very sm… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 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