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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 28364
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I live in a gated community, and all the homes are privately

Customer Question

I live in a gated community, and all the homes are privately owned and occupied by the owners except one...my next door home. The HOA failed to get a "non rental agreement" signed by the elderly lady that had the home built when the subdivision was established. She died, her daughter inherited the property, and rents it.
There are large limbs from a live oak tree on her property that are overhanging and rubbing my roof. I have asked her to remove the limbs, but she wants me to do it. I cannot as I am handicapped, so would have to hire an expert to prune the trees, and would have to pay them. I think the owner just doesn't want to have to pay anyone, so she tells me to trim them myself.
3 weeks ago I asked her again to trim the trees (she was on the property cleaning up leaves and mowing) and she refused. I have just written her a letter, return receipt requested, giving her 10 days from her receipt of the letter, to trim the trees or I would seek action through the court.
Should I hire an attorney, or just represent myself? I have taken some pictures of the trees, but since her fence (wood picket) gate is locked, I cannot get a good picture. This lady is well known in this gated community for suing in small claims court for any little thing that she thinks she may get money from.
THanks,
Monty Montgomery
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 2 years ago.

Good morning. I certainly understand the situation and your concern. It is always in the best interest of a party, to retain legal counsel, if they are going to sue and be part of a lawsuit. In a situation like this, the attorney could start with a demand letter, placing her on notice to correct the situation and trim back and maintain her tree, or else a lawsuit will be filed. The letter from an attorney may shake her up and compel her to act. If not, then they could file suit and if you prevail, ask that you be awarded attorney fees, so she would need to pay. You do have a right to trim the trees back, so they do not hang onto her property and it can be done as long as the tree is not harmed, damaged or protected. She also needs to maintain her tree and if it is hanging over on your roof, could cause damage and bring insects into the home as well.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  RealEstateAnswer replied 2 years ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!