Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

I live in a gated community, and all the homes are privately

Customer Question
owned and occupied by the...
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
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 5 minutes by:
9/16/2015
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 2 years ago
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 29,053
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
Verified

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.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: RealEstateAnswer, Lawyer 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!

Ask Your Own Real Estate Law Question
Ask RealEstateAnswer Your Own Question
RealEstateAnswer
RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 29,053
29,053 Satisfied Customers
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases

RealEstateAnswer 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

11,052 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,763 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,532 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

4,918 satisfied customers

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

< Previous | Next >

Related Real Estate Law Questions
I have a HOA issue. Florida. I am aproved by the HOA in 2
I am aproved by the HOA in 2 units. I live in unit 26 and my dad lived in 44. He passed away. And deed was only in his name. But the approvsl has us both on 44. Now i have recently invited my cousin to stay for a few days at my dads 44 unit, since its empty. Hoa came with the police and said they have to lesve by tomorrow.… read more
LegalGems
LegalGems
Juris Doctorate
10,420 satisfied customers
I am the sole renter on a rental agreement. My landlord has
I am the sole renter on a rental agreement. My landlord has given me permission (verbally) to have a room mate. my current room mate has become intolorable to deal with..claiming mutual space in home … read more
RealEstateAnswer
RealEstateAnswer
Lawyer
29,053 satisfied customers
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
6,988 satisfied customers
I am on a rental Agreement with my daughter. I have not been
I am on a rental Agreement with my daughter. I have not been living at the apartment, However, I pay the rent. She is bi-polar, and now on drugs. She is presently in a psychiatric unit. She was given … read more
RealEstateAnswer
RealEstateAnswer
Lawyer
29,053 satisfied customers
If I go to an online site to print a rental agreement to
If I go to an online site to print a rental agreement to rent a room in my home, do I need to register it with the city or county for it to be valid and enforceable?… read more
Damien Bosco
Damien Bosco
3,160 satisfied customers
We moved into our new home in a gated community in June. The
We moved into our new home in a gated community in June. The backyard has some string lighting. I added one more string. I just received a letter from the HOA telling me that the string lighting is no… read more
LegalGems
LegalGems
Juris Doctorate
10,420 satisfied customers
I live in a private gated community within San Diego and the
Hello, I live in a private gated community within San Diego and the HOA is forcing homeowners to park in their own driveway overnight (2-5 am) blocking your driveway, before issuing an overnight pass … read more
LegalGems
LegalGems
Juris Doctorate
10,420 satisfied customers
I live in a gated community with 42 miles of road. Over 50 %
I live in a gated community with 42 miles of road. Over 50 % of dues go to maintaining our roads. Can the HOA restrict certain vehicles, such as heavy equipment trucks or moving vans, due to non payme… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,052 satisfied customers
I have a rental agreement with a property management company
I have a rental agreement with a property management company who represents the owner. The owner has contacted me saying they severed ties with property manager and i must enter into a new agreement w… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,145 satisfied customers
I live in a gated community with covenant restrictions that
I live in a gated community with covenant restrictions that say I cannot have a roommate live with me. I want to know they can legally do that when I am the property owner. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I live in a gated community however I don't require
I live in a gated community however I don't require utilizing it's road systems but I have to pay a lot of money for the upkeep. my house along with several others have our access to the county roads … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
We own 25 acres of semi-developed land in a gated community
We own 25 acres of semi-developed land in a gated community with and HOA. The common area road is paved to just below our property, the test of the road is gravelled. We can not access our property ye… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,052 satisfied customers
To Whom it may concern,, and I live in a gated community
To Whom it may concern,My name is***** and I live in a gated community called Nees Park Place in Fresno, California. We have lived in this home for almost 20 years. We have never had any issues or com… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
We live in a gated community in California. The HOA limits
We live in a gated community in California. The HOA limits the number of guest passes we can have to six a month. This is a problem at times because contractors and other assistance type people are in… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a question regarding HOA 's we have a gated community
I have a question regarding HOA 's we have a gated community and in this community we have several amenities 1 being an equine center that we have to rent paddocks for our horses , it includes a barn … read more
Damien Bosco
Damien Bosco
3,160 satisfied customers
My family has owned a property in a gated community with a
My family has owned a property in a gated community with a POA since 1969. The original 1969 deed fixed the POA dues at $25. In 1982 the POA changed the rules to require new owners of a property to pa… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Tina, I reside in a gated community in Florida. At the
Tina, I reside in a gated community in Florida. At the behest of the newly elected Board of Directors, I have recently been advised by the property managers that the car cover over my mint condition "… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
We purchased a home in a gated community with an HOA but we
We purchased a home in a gated community with an HOA but we were not in the HOA nor do we intend to. Will we be forced to join?… read more
Ely
Ely
Counselor at Law
Juris Doctor
4,918 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