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How to establish tree ownership. The neighbors large trees…

How to establish tree...

How to establish tree ownership . The neighbors large trees root flare has crossed the property line so now she claims I own the tree too. So now she Says I am partially responsible to trim the tree.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

The property survey is showing a portion of the root flare is on my side. The tree was planted appro 60 years ago by the previous owner

Lawyer's Assistant: Where is the property located?

Ahualoa Hawaii Island

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There are approximately 300 of these tree planted in a line as a hedge. The dispute is the overhanging branches dropping needles and branches breaking off and falling, neighbor refuses to trim. Her lawyer is trying to establish ownership. How do you establish where the trees were originally planted

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Answered in 2 minutes by:
3/25/2018
Infolawyer
Infolawyer, Lawyer
Category: Real Estate Law
Satisfied Customers: 60,878
Experience: Experienced lawyer
Verified
Tree is owned by land owner where tree is rooted unless parties contract otherwise or a court declares on application due to trespass. Please let me know if the reply is acceptable by responding “yes” or “acceptable”. If you have a follow up, just reply and ask me!
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Customer reply replied 26 days ago
Need a past case setting precedent to present to the judge
These matters are not reported on case reporters. Trespass often leads to request to tear down or compensation. The general rule is where does the tree stand and is there any damage
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Customer reply replied 26 days ago
Are you saying the root flare on my side of the property line is a trespass
If crossing property lines, yes.
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Customer reply replied 26 days ago
Thank you
Very welcome. Please select the 5 star (*****) rating on your page for the answer. That’s how I get paid by the site. Much appreciated!
Infolawyer
Infolawyer, Lawyer
Category: Real Estate Law
Satisfied Customers: 60,878
Experience: Experienced lawyer
Verified
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Infolawyer
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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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