Real Estate Law

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

Ask a Lawyer,
Get an Answer ASAP!

I have a neighbor with a 70 ft wall of pine trees planted…

Customer Question
Good morning, Lawyer's Assistant:...

Good morning,

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

I have a neighbor with a 70 ft long wall of pine trees planted directly on our property line with 10-14ft of branches overhanging my property dropping cones, pine needles and sap into my back yard where my family pets are fenced, enter and exit the home thru a doggie door. We have sent a certified letter asking them to cut everything overhanging our property and they have only cut 3-4 ft off the ground and refuse to cut everything overhanging the property line. Do I have the right to cut these limbs?

Lawyer's Assistant: Where is the home located?

Crossville, Tn

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

Just if I have the right to cut the limbs overhanging my property and if I have sent them certified mail giving them the opportunity and told them if I have to do it, I will not be responsible for loss or damage to the trees, can I be held liable?

Submitted: 2 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 hour by:
5/29/2018
Real Estate Lawyer: Ray, Lawyer replied 2 months ago
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,844
Experience: Texas Attorney for 30 years dealing in real estate
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Ray, Lawyer replied 2 months ago

Tennessee

Tennessee state law includes no provisions for the removal of trees on private property. However in Nashville, the state capital, there’s a city tree removal ordinance which states that protected trees six inches or more in diameter on properties greater than those for one or two family home residences must have a permit before they can be removed, as they are considered “protected” trees. This might also necessitate a replacement tree, which will be the responsibility of the person who has the tree cut down. Tree removal companies in Nashville must also have permits acquired before they remove any trees on public or private property, which includes a plan as to where they put they tree after cutting it down.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Ray, Lawyer replied 2 months ago

You have right to trim but you are liable for damages to the tree..

Tennessee Tree Damage Laws

Related Products

MORE

Neighbor Law

Nolo's Essential Guide to Buying Your First Home

Selling Your House

In Tennessee, if someone damages your tree, you can recover your actual damages (usually, what you paid for the tree or what it would cost to replace the tree). (To learn what you must prove in order to get actual damages, see Nolo’s article When a Neighbor Damages or Destroys Your Tree.) In some states, specific laws allow you to recover additional damages if someone deliberately damages your tree. To find out whether Tennessee has such a statute, check the table below. The table will also tell you the amount you can sue for (the number is ***** represented as a multiple of your actual damages).

In addition, intentionally damaging a tree is a crime in some states and can result in arrest, jail, fines, and other penalties. Check the table below to find out if there’s a Tennessee criminal statute on causing intentional damage to a tree. If Tennessee does not have such a law, general Tennessee criminal statutes, such as those related to theft or property damage, may still apply. (To learn more about damages and criminal penalties in tree injury cases, see Nolo’s article When a Neighbor Damages or Destroys Your Tree.)

Additional Damages and Criminal Penalties for
Intentional Damage to Trees in Tennessee

Tennessee Statute for Additional Damages

Additional Amount You Can Sue for in Tennessee

Tennessee Criminal Statute

Tenn. Code Ann. § 43-28-312

Double damages

None

I appreciate the chance to help you today.Best option have professional do it then you have witnesses.

If you can positive rate 5 stars it is much appreciated.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Ray, Lawyer replied 2 months ago
Ask Your Own Real Estate Law Question
Customer reply replied 2 months ago
This is what I have found under Tennessee State Law...When a Neighbor's Trees Extend onto Your PropertyAs a property owner, you have the right to control the land under your feet and the airspace above your land. This means that when a neighbor's tree hangs over your property you can cut it back to the property line at your own expense. Tennessee courts have held that no landowner has a cause of action when branches from a neighbor's healthy tree hang over their land. Be careful not to trespass onto the neighboring property to trim, place the tree debris on the neighbor's property, or trim beyond your property line.If I have given them the opportunity to cut the encroaching limbs, in entirety, themselves, to eliminate damage to their trees and they refuse to only cut a portion, how can I be held liable if the trees die. Also, since they have already cut a few with a grass trimmer attachment 3 days ago and I cut the remaining, how do they prove what I do resulted in damage and not what they did?
Real Estate Lawyer: Ray, Lawyer replied 2 months ago

In that case I do not see that they can hold you liable.Thanks for the followup and good luck here proceeding to trim.

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ray Your Own Question
Ray
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,844
48,844 Satisfied Customers
Experience: Texas Attorney for 30 years dealing in real estate

Ray 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:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

48,844 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 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

4,998 satisfied customers

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

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I had a crew come up in my yard while I was at work and cut
I had a crew come up in my yard while I was at work and cut several large branches off a 75 yr. old pine tree on one side.They caused damge to my grape vines and extensive damage to a nectarine tree. … read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
Neighbor in county md planted 16 pine trees supposedly on
neighbor in howard county md planted 16 pine trees supposedly on her property line about 14 years ago and the trunks have since grown into my property killing my grass and dropping many pine needles o… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,183 satisfied customers
I live in Coos County. I have a neighbor whose fir tree is
I live in Coos County. I have a neighbor whose fir tree is growing over the property line and is creating a nuisance by dropping cones, debris, needles, sap on my deck. During the winter I have to go … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I live in Cary, NC. Pine tree planted by neighbor (I believe
I live in Cary, NC. Pine tree planted by neighbor (I believe it's on his property but it very well could be right on the property line). Over the years this tree has become gigantic and branches exten… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,940 satisfied customers
My neighbors trees have grown very high and the branchs overhang
My neighbor's trees have grown very high and the branchs overhang my yard by up to 20 ft. and consequently, because they block most of the light from my yard has killed my grass and mostly damaged my … read more
Ely
Ely
Counselor at Law
Juris Doctor
4,998 satisfied customers
Can you tell me what legal right I have regarding my neighbors
Can you tell me what legal right I have regarding my neighbors trees that sit very close to our property line? The branches hang over 16-18 feet on my property and drop sap,pine cones and needles on m… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
We live in Las Vegas, NV., in a HOA community. Our back yard
We live in Las Vegas, NV., in a HOA community. Our back yard neighbor has several pine trees planted about two feet from the common cinder block wall between us. For many years now we've asked them to… read more
Ely
Ely
Counselor at Law
Juris Doctor
4,998 satisfied customers
My neighbor is stating that a tree that is on my property is
My neighbor is stating that a tree that is on my property is dropping needles and sap onto his property and is threatening to trim the tree from his side of the property line and send me the bill. Thi… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,344 satisfied customers
A 50 foor pine tree sits on my side neighbors propery 5 feet
A 50 foor pine tree sits on my side neighbors propery 5 feet behind my rear fence. Since my rear yard has an upward slope of about 10 feet, this tree drops all of its pine needles on my property. The … read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
FOR YEARS MY NEIGHBOR HAS HAD TREES THAT CAUSED ME PROBLEMS,
FOR YEARS MY NEIGHBOR HAS HAD TREES THAT CAUSED ME PROBLEMS, THEY KEEP MY GUTTERS CLOGGED AND CAUSED DAMAGE TO MY ROOF. I HAVE TWIGS, PINE CONES AND NEEDLES, LEAVEAS AND BRANCHES IN MY YARD YEAR ROUND… read more
J.Hazelbaker
J.Hazelbaker
Doctoral Degree
4,367 satisfied customers
The pine tree in my back yard has several humongous limbs growing
The pine tree in my back yard has several humongous limbs growing out over three yards owned by others. One neighbor objects to a very large limb which has partially cracked off and is hanging down lo… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,462 satisfied customers
Our next-door neighbor abandoned her home two months ago. It
Our next-door neighbor abandoned her home two months ago. It is empty. The municipal government has kept the grass mowed and has posted paperwork on the front door advising her to appear in court. Rel… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I live in the city of Los Angeles and my question is about
I live in the city of Los Angeles and my question is about my neighbor's trees. My neighbor has several pine trees growing on their property that overhang the common fence. The over grown branches reg… read more
Marsha411JD
Marsha411JD
Doctoral Degree
20,653 satisfied customers
MY FRIEND HAS A PINE TREE THAT HAS GROWN OVER HIS NEIBGHORS
MY FRIEND HAS A PINE TREE THAT HAS GROWN OVER HIS NEIBGHORS SIDE OF THE FENCE, AND THE NEEDLES DROP ON THEIR BACK YARD. SHE HAS SENT HIM A LETTER SAYING SHE WANTS IT REMOVED. HE DOESN'T HAVE THE $600-… read more
Marsha411JD
Marsha411JD
Doctoral Degree
20,653 satisfied customers
My neighbors pine trees on both sides of my property are over
My neighbors pine trees on both sides of my property are over hanging onto my yard and driveway. They constantly drop dead branches, pine needles, cones and tree sap onto my yard and vehicles. This ha… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,474 satisfied customers
My neighbors 50 pine tree is planted five feet from our property
My neighbor's 50' pine tree is planted five feet from our property line. Half of the tree hangs over my property and drops cones into my yard year round. Occasionally, a cone hits me after falling fro… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
We want to plant some large pine trees in our backyard. A neighbors
We want to plant some large pine trees in our backyard. A neighbor's trees near the property line have long branches extending 15-20 feet into our yard in the area where we want to plant the pine tree… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
My neighbors very large pine tree....approx 50-75 ft tall is
My neighbors very large pine tree....approx 50-75 ft tall is growing over onto my property. It grows over my sidewalk that leads to my house/yard. The pine needles and cones cover the sidewalk each ye… read more
VF LAW
VF LAW
J.D.
112 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