Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

It's a landscape issue. I live in a condo next to a park…

It's a landscape issue...

It's a landscape issue. I live in a condo next to a park that is owned by the town, and there is a gate separating the park and our property. Workers for the town removed two shrubs that were growing on the gate, but they were growing and planted from our side of the gate. I'm really upset because I loved those shrubs and they came over to our property to remove them. Do i have any recourse?

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

Not yet. I just called the town's park dept and complained but haven't filed any paperwork or wrote any letters yet.

Lawyer's Assistant: Where is the condo located?

Ocean City, md

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

I can't think of anything at the moment.

Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 2 minutes by:
3/28/2018
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 31,899
Experience: JA Mentor
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

You can sue the city for trespass and property damage. They had a right to trim back the part of the shrub that grew over the property line onto their property (from their side). But that doesn't give them a right to enter your land and take out shrubs belonging to you. They're liable for the cost of purchasing and installing the same shrubs you had, to put you back in the position you would have been in if this hadn't happened.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

Ask Your Own Real Estate Law Question
Customer reply replied 24 days ago
Thanks for your response. It's good to know i have recourse. I was also wondering if I can still sue if the condo's property is community owned (owned by me and other owners); and also if the shrubs grew by nature and a person did not actually plant them.
Also, would i file a small claim against the town or do I specify a department within the town like the parks dept

You'd sue the Department that took the shrubs out.

As long as the shrubs were located on your land and not common areas of the condo, you can bring the lawsuit yourself. You're not suing for the theft of the shrubs themselves, but for entering your property without permission and reducing the value by taking the shrubs out.

Ask Your Own Real Estate Law Question
Customer reply replied 24 days ago
Thank you. that clarifies a lot. But I'm still wondering.... Unfortunately, the shrubs were on common area of the condo grounds not my personal property that I own by myself. Can I still file suit or on behalf of my condo? Would i need permission and agreement with the rest of the condo association before filing suit on their or "our" behalf?

In that case, you'd unfortunately need the HOA to file the suit. Only the board is authorized to bring a lawsuit on behalf of the association.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 31,899
Experience: JA Mentor
Verified
Lucy, Esq. and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 31,899
31,899 Satisfied Customers
Experience: JA Mentor

Lucy, Esq. 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

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 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

4,925 satisfied customers

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

< Previous | Next >

Related Real Estate Law Questions
Tina, if the HOA property management company is not
Hi Tina, if the HOA property management company is not responding to repeated repair requests do I have the right to stop paying my monthly HOA dues? … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,687 satisfied customers
If my hoa continues concsistent violations of our hoa rules
hi if my hoa continues concsistent violations of our hoa rules and regulations what can a homeowner do? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can an HOA for a townhome association demand a specific
can an HOA for a townhome association demand a specific amount of replacement cost insurance? … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
My question is in regards to master associations, HOA Board
My question is in regards ***** ***** associations, HOA Board elections, and individuals who resign, after they announce their run for the board, and before the annual meeting. … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
491 satisfied customers
Is it illegal for a condominium association HOA (or counsel
Is it illegal for a condominium association HOA (or counsel hired by the HOA) to threaten to a homeowner's mortgage bank to foreclose on that homeowner's condo in pursuit of an assessment charged by t… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,687 satisfied customers
I am on an HOA Board -- the HOA has existed since 2002 -- I
Hi. Yes. I am on an HOA Board -- the HOA has existed since 2002 -- I believe that board is overreaching on planning to force homeowners into a wifi contract. Can 7 members do that to an entire associa… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
What are the rules in Georgia on HOAs raising dues. My hoa
What are the rules in Georgia on HOAs raising dues … read more
KLAW
KLAW
Juris Doctorate
2,037 satisfied customers
I am a homeowner in an HOA in CA. My roof leaked and the HOA
I am a homeowner in an HOA in CA. My roof leaked and the HOA say that the leak is my fault and I have to pay for the repair. The HOA invited me to a meeting where I was given five minutes to defend my… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
My question is in regards to homeowners associations for a
My question is in regards ***** ***** associations for a maintenance provided community. There are by-laws and covenants and then there are rules and regulations. In the community in which I live, the… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,687 satisfied customers
If a new development Homeowners association was established
If a new development Homeowners association was established with restriction prohibiting open RV, or boat storage (no driveways, and street view), can the association following the CC&R amendment prov… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,034 satisfied customers
Regarding an HOA. IS it legal for an HOA to "park" debts
Regarding an HOA. IS it legal for an HOA to "park" debts such as assessment fees, interest charges, recording fees, etc. without any notification to homeowners in any manner for nine months. Then with… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
Can individual HOA members be liable for HOA common
Can individual HOA members be liable for HOA common property? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
It is more about HOA. NJ. An attorney for the HOA is
My name is ***** ***** I live in Robbinsville, NJ in Foxmoor Condominiums. I am currently in a legal situation with my HOA for having two small dogs in my unit, one of which is an emotional support dog. In 2014, unbeknownst to me, the HOA changed their rules on having two animals in the home. I believe they basically sent out an email changing this rule. Regardless I was unaware of this. My son and I got a mini dauchound who is our family dog. Just recently, by suggestion of my therapist, I got a personal emotional support dog named Lulu. Within a month I received a letter from the HOA asking me to remove one dog. I responded with a letter from my therapist and I received a response that they would allow the emotional support animal but that they are still enforcing the two animal rule, ultimately they are now asking I get rid of the family dog. If i wanted to fight them on this I have to notify them by Feb. 16th to schedule a mediation.According to HUD, emotional support animals are no considered “pets” but rather companions so I would think my personal emotional support animal would be exempt from being that additional dog in my home.This is huge situation for both myself and my seven year old son and I want to fight them on this but I wanted to inquire if we even stood a chance a success. I would have no problem retaining an attorney if this would help things.… read more
Lori
Lori
Juris Doctor
1,062 satisfied customers
I live in Barefoot Resort Residential Association, an HOA.
I live in Barefoot Resort Residential Association, an HOA. The BRRA BOD is willing to consider replacing a wooden fence installed by thr Sponsor 10+ years ago. The sponsor is no longer involved with t… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
My HOA provided of Chart of Responsibilities, between HOA &;
Second opinion] My HOA provided of Chart of Responsibilities, between HOA &; Unit Owners.However, the are a few areas, such as Roof, the can be challenged if the roof causes inside (Wall Board, Painti… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,687 satisfied customers
Can a HOA association be created and then immediately call
Can a HOA association be created and then immediately call itself inactive for 10 years because no dues or minutes have maintained or for any reason at all?… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
HOA association failed to maintain the roof in our
HOA association failed to maintain the roof in our California condo building properly resulting leaks. It took them 3 attemots over 2 weeks to stop the leakage. The HOA repaired and paid for the signi… read more
Damien Bosco
Damien Bosco
4,153 satisfied customers
I have lived in a homeowners association in Florida. The HOA
I have lived in a homeowners association in Florida. The HOA has both long term or residential and short term sections clearly defined. I live in the short term section, we pay more than 3 times the r… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 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