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I have owned my house 21 years. My neighbor has cut all the

Customer Question
I have owned my house...
I have owned my house for over 21 years. My neighbor has cut all the limbs to all my trees on the side that faces her. All trees are totally on my property, and I planted them. She reaches in up to 8 feet to cut them off.
What can I do. It is very upsetting to see all my trees have never grown right. I even have lost a couple of trees, that I think she poisoned. The stumps just rotted.
Submitted: 1 year ago.Category: Real Estate Law
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Answered in 11 minutes by:
6/10/2016
Real Estate Lawyer: J. Warren, Lawyer replied 1 year ago
J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2,249
Experience: Experience in residential real estate and commercial leases.
Verified

Hello and welcome to JustAnswer. I am a new contributor to your question. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry you are dealing with this situation. I know how difficult this must be. A neighbor is permitted to trim overhanging foliage, branches and limbs so long as your neighbor acts reasonably and does not seriously injure or kill the tree overhanging the property line. This means they can cut back to the property line but no further. If a landowner cuts branches further back than what are encroaching onto her property and does not have your permission to trim she may be liable to for up to triple the amount of the damage caused by the wrongful cutting. However, if the damage is accidental or based on a mistaken belief, damages may be limited in the court's discretion to double the value of the wrongful cutting.

In other words, you have a right to file a lawsuit for damages to the tree and seek an order that she cannot cut foliage past her property line. Unfortunately, there is little you can do without going to court. One option is to see if she would agree to attend a community mediation session with a mediator to come to a resolution on how to manage the trees.

All my best and encouragement. Thank you for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! Please press a positive rating above this message box in the ratings section so I will be paid for my time assisting you on this matter. Pressing a positive rating will not cost any additional money - it is simply the trigger used by Just Answer to pay me for my time (pressing the middle star or the fourth or fifth star on the right are all positive rating buttons).

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Real Estate Lawyer: J. Warren, Lawyer replied 1 year ago

Can I answer any additional follow up questions for you or clarify anything I have written above? If not, can you please press a positive rating above this message box in the ratings section so I will be paid for my time assisting you on this matter? Pressing a positive rating will not cost any additional money - it is simply the trigger used by Just Answer to pay me for my time (pressing the middle star or the fourth or fifth star on the right are all positive rating buttons).

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Real Estate Lawyer: J. Warren, Lawyer replied 1 year ago

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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J. Warren
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Category: Real Estate Law
Satisfied Customers: 2,249
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Experience: Experience in residential real estate and commercial leases.

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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).

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