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I am having as issue with a tree that's been planted next to

Customer Question
I am having as issue...
I am having as issue with a tree that's been planted next to my house and I told that I can't remove it because I would be trust passing. It is a direct violation of the subdivision covenants. I am told by the HOA that it is a neighbor to neighbor problem and that there's nothing they can do.
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: this is in texas
JA: Has anything been filed or reported?
Customer: I have had the police come out twice and they say its a civil matter. I've not been able to get any help. Every avenue has been a dead end.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I sent an e-mail to the HOA. They replied that the sent a letter to the homeowner to remove the debris and to cut back the tree. They also stated that they would send someone out to remove the debris and charge it to the homeowner. That has not been done. The debris is still there. Cutting the tree back does not solve the problem. It has now grown back stronger.
Submitted: 4 months ago.Category: Real Estate Law
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Answered in 11 minutes by:
7/14/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 6,006
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Unfortunately, if the tree is not on your property than is going to be considered a trespass. Also, if you happen to just remove the tree then that will also be a trespass, but on personal property and not on real property. Either way, it is not in your best interest to try to remove the tree on your own because you could be opening yourself up to civil liability. It's good that you sent an email to the HOA and hopefully they will be able to do something about it soon. If they do not, then you may have some legal recourse.

Your legal recourse against the HOA would be failure to perform within a reasonable time. Courts regularly look toward the Uniform Commercial Code as their guide, since many states have adopted this code into their own statutes. Under UCC Section 2-309(1), the law says that each party has a reasonable time to perform if it is not expressly stated in the contract. What is considered “reasonable” is a matter of fact and depends on the circumstances, but it is an argument that you would have to make that it is unreasonable. Regardless, there is a legal basis for your particular claim. To facilitate your situation, there’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

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Real Estate Lawyer: Barrister, Lawyer replied 4 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,685
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello, I see you requested a new expert so I will try to help..

.

Is the tree on the neighbor's land?

.

Is it causing problems with your property with branches, leaves, or roots damaging your property?

.

Does the neighbor's tree overhang your property line?

./

.

thanks

Barrister

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Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,685
38,685 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

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