Real Estate Law

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

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

I own a villa in Glen Oaks Manor, Sarasota, Fl. There is an

Customer Question
I own a villa in...
I own a villa in Glen Oaks Manor, Sarasota, Fl. There is an oak tree in the front of my house on association property that the roots have gone under the ville raising the front entry way to the point that people are falling and now I have a large crack opening up in my front bathroom ceiling. The association mgt will not do a thing, what can I do??
Desperate
E. Walker Croskey
Submitted: 1 year ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 4 minutes by:
5/5/2016
Real Estate Lawyer: Loren, Lawyer replied 1 year ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 34,982
Experience: 30 years of real estate practice experience.
Verified
Good evening. I am Loren, a Florida licensed attorney, and I look forward to assisting you.This is a common legal question, and the answer is that the tree owner (the Association) is liable under trespass and private nuisance theories. Among the remedies are cutting the roots at the property line; there is a caveat that this must be done in a "non-negligent manner," which the courts did not further define, but probably would include avoiding killing the trees or causing them to be in danger of toppling in a high wind. The best practical advice is to hire both a contractor to give you a dollar estimate for the damage done to date, and a licensed arborist to give you a written opinion that the trees caused the damage along with professional advice on what can be done "non-negligently" to prevent future damage.Show all this to the Association, and ask for cooperation again, mentioning that you will have to sue if he/she does not correct the situation voluntarily. Then, if they still refuse, file suit.
Ask Your Own Real Estate Law Question
Real Estate Lawyer: Loren, Lawyer replied 1 year ago
Did you have further questions? Have I answered your question?
Ask Your Own Real Estate Law Question
Customer reply replied 1 year ago
Milking for cash, humm
Real Estate Lawyer: Loren, Lawyer replied 1 year ago
I do not follow.
Ask Your Own Real Estate Law Question
Real Estate Lawyer: Loren, Lawyer replied 1 year ago
Are you still online with me?
Ask Your Own Real Estate Law Question
Real Estate Lawyer: Loren, Lawyer replied 1 year ago
If you have no further questions, and have not yet done so, please remember to leave a favorable rating (Excellent or Good) so that I am credited by JustAnswer for assisting you. A bonus is not required, but is always appreciated.
Ask Your Own Real Estate Law Question
Ask Loren Your Own Question
Loren
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 34,982
34,982 Satisfied Customers
Experience: 30 years of real estate practice experience.

Loren 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

10,826 satisfied customers

16 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,657 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,367 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

4,899 satisfied customers

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

< Previous | Next >

Related Real Estate Law Questions
I am on a Board of directors for a Civic association that
I am on a Board of directors for a Civic association that acts as stewards … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
We will be filling out a Condo Association Application for
We will be filling out a Condo Association Application for Approval . They have to approve it or we can't purchase there. They conduct a background check. Two question are, Have you ever filed for ban… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
Can the treasury of our homeowners association invest some
Can the treasury of our homeowners association invest some of the money that the association has in CD'S or any other type of investment? … read more
socrateaser
socrateaser
1,031 satisfied customers
I live in and the community is in a homeowners association.
Good morning. I live in Virginia and the community is in a homeowners association. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Can I be sued for association fees if the subdivision
Can I be sued for association fees if the subdivision foreclosed? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
A contractor was painting in my newly acquired condo. An
A contractor was painting in my newly acquired condo. An adjacent condo owner walked in and was attempting to gain info about my condo that he would use against me. He was a member of the HOA board bu… read more
LegalGems
LegalGems
Juris Doctorate
10,196 satisfied customers
Can an owner's association prohibit a property owner from
Can an owner's association prohibit a property owner from leasing in a situation where the property was purchased prior to the leasing restriction being adopted by the board or incorporated into the d… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,189 satisfied customers
Can a Property Owners Association be a non profit business
Can a Property Owners Association be a non profit business as opposed to an HOA. The POA has been formed as a 501C entity for deeding a lake to the home owners around the lake with the express intenti… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
I am a condo owner of a two unit condo association. There is
I am a condo owner of a two unit condo association. There is a separate association on the same lot as I. They put security cameras on their units which watches their property as well as the common ar… read more
Damien Bosco
Damien Bosco
2,998 satisfied customers
I entered into a contract with a contractor to have an
I entered into a contract with a contractor to have an outdoor kitchen built. Three months have gone by and the contractor has answered only one or two emails -- just enough to give me an excuse. How … read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,838 satisfied customers
A homeowner in our association, is requesting contact
A homeowner in our association, is requesting contact information for our board and all contact information for the rest of the homeowners in our association. This sounds illegal, is it? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
Our condo association bylaws indicate the association own
Our condo association bylaws indicate the association own the sliding glass doors. How do you go about get getting the association to replace doors that are leaking? With Irma, our condo suffered dryw… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
We live in a townhouse ( of a condominium association) on
We live in a townhouse (pat of a condominium association) on the Windward side of Oahu in Hawaii. When we bought our townhouse in 1995, there were many trees in the front and back of our unit. Over th… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
A supposed homeowners association and the new builders that
A supposed homeowners association and the new builders that bought 5 lots went into an agreement to maintain a private road. Since they own the road the Parrish won't help and soon garbage mail or any… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,895 satisfied customers
What is the liability to a homeowners association for
What is the liability to a homeowners association for property that was dedicated to them? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
Complaint relates to private nuisance on the part of
Complaint relates to private nuisance on the part of neighbor who has acted in numerous and continuing behavior in building a house. He is and has been in violation of the city construction laws, the … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
If we have a neighbor who is a consistent nuisance and is
If we have a neighbor who is a consistent nuisance and is renting a house in our neighborhood, is there a way to find out who owns the property to reach out to them about the tenant?… read more
socrateaser
socrateaser
1,031 satisfied customers
Complaint filed against defendant for violation of nuisance
complaint filed against defendant for violation of nuisance laws, negligence, and damages done to plantiff's property resulting from cooking odors (in his own townhome). … read more
Damien Bosco
Damien Bosco
2,998 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