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legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 10484
Experience:  Just Answer consultant at Self employed
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My neighbor planted flowage which has grown onto my property

Customer Question

my neighbor planted flowage which has grown onto my property causing damage to buildings as well as other items. What recourse do I have for either damages and remov3e the flowage?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: oklahoma
JA: Has anything been filed or reported?
Customer: NO occupant of home died and wife moved putting property up for sale but no success
JA: Anything else you want the lawyer to know before I connect you?
Customer: what ever else he wants, that is pretty much straight fax
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  legalgems replied 3 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 3 months ago.

I'm sorry to hear this; unfortunately a neighbor is not liable for foliage that encroaches onto a neighbor's property. Under common law doctrine a person can cut/trim/remove any foilage that is on their property so long as it does not injure/kill the portion of the plant on the other person's property.

The courts tend to adopt the common law premise that each owner can do as they wish so long as they do not do so recklessly; here is that line of reasoning in the OKlahoma Young case:

Here, however, we have a situation to which the doctrine, "One must so use his own rights as not to infringe upon the rights of another", may be applied in its broad and fundamental import.

In Seismograph Service Corporation v. Buchanan, Okl., 316 P.2d 185, 187, we said (appropriately for repetition here, we believe);

"The time honored maxim * * * — so use your own property that you do not injure that of another — has often been quoted by the courts to express succinctly their resolution of the problems created by the conflicting interests of adjoining landowners."

When one, in an operation lawful and proper in itself, but cognizant of existing conditions and with knowledge that injury may result to another, does an act with the result flowing therefrom that damage is done to the other as the direct and proximate consequence of the act, the one who does the act and causes the injury 833*833 should be required to compensate the other for the damage done.

In 2 C.J.S. Adjoining Landowners § 46, p. 41, is the following:

"In accordance with the rule that the mutual and reciprocal duties of adjoining landowners require that each use his land in a reasonable manner with due regard for the rights and interests of others, * * * one proprietor may not engage in actual wrongdoing which will inflict on his adjoining neighbor any injury which can be reasonably avoided; nor has he the right so to use his land as to render that of his neighbor in any degree useless, and if he uses it in an unreasonable, unusual or unnatural manner, although the use in itself is lawful, he may be liable for the injury to adjoining property caused thereby."

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Expert:  legalgems replied 3 months ago.

Good day. Just checking in to see how the above worked out. You can always reach out to me hear on Just Answer and I will do my best to get the requested information for you. Thank you!