neighboring tree height or proximity limit to boundary

[mina789]

What is the name of your state? Washington
There's a maple tree planted by previous neighbor next to property line 1 to2 feet from the neighboring fence. The 2years old tree is growing very fast and is already over 25ft tall, some of branches growing onto our side of property (which they occasionally trim). 4years ago I've built a sunroom near that tree, which now can't get full sun in the late afternoon because the tree is so tall creating shade. Every fall, the tree sheds lots of its leaves on my property, creating a nuisance plus pain because I'm very allergic to maple. Last fall we discussed and agreed to have me pay for the tree removal and to pay for their new tree/shrub to replace it since they wanted something there for privacy. Now that I hired tree service to remove the tree, the neighbor said they never agreed to remove their tree and avoid talking to me. Is there any law limiting how close a tree can be planted from the property line and how tall it can grow? I know this maple can grow at least 100ft or more in a few years having seen the type of maple grow that tall before.

 

[divgradcurl]

You could check your local (state, county and municipal) ordinances, but I wouldn't hold my breath if I were you. Your best bet is to keep trying to work out an agreement with the neighbor. You could try and see if WA recognizes a nuisance cause of action for blocking light. Few states do, but its worth checking on.

 

[Nippy]

There are a few issues here...

First, if the sun room predates the maple by 2 years it would have been a good idea to address this sooner, if not before the tree itself went in. I suppose anything that blocks a room specifically designed for the enjoyment of sunshine can be legally considered a 'nuisance'.

Then, there's the issue of the tree shedding. They do that, and in most locales, unless the falling debris constitutes a hazard which you have given written notification of, the detritus is your responsibility, not theirs. And a maple allergy?

Lastly, if you and the neighbor agreed to remove the tree, it of course would have been better to get that in writing, but if you're sure he understood and consented to the plan, than a verbal contract suffices. Sounds like he has second thoughts.

If you're on good terms with him, then you might want to review the whole matter and see what it is he wants, and maybe work something out.

 

[HuAi]

Nippy - unless you are in some very limited locale like some HOAs in california which have view easements in place to preserve the nice ocean view, there are no laws which obligate a neigbor from prividing an unobstructed view of anything, maple alergy or sunroom be damned.

The only way you'll win this one is by making nice with your neighbor.