Neighbor problem

[jusme]

What is the name of your state? Virginia

There is a oak tree next door to me and 2 aborists have said that the tree should be removed. These people refuse. Aside from court, if they should sell do I have a right to inform the agent of the seller of this problem or could the sellers (neighbors) sue me for telling the agent and hampering the sale of their house? Also, I have roots from this tree at my house foundation. Thanks

 

[BrokerRE]

Gee, I can't help but get the feeling that you're a busybody of a neighbor. Why do I get that feeling?

Maybe it was your use of the word arborist? I'm not sure, anyway, I apologize if you're not a busybody neighbor.

What is the problem with the tree? Why would anyone call in a professional to look at a tree that isn't on their property?

You have the right to have the tree trimmed from your property line straight up towards the sky. If any of that tree crosses your line, then you have the right to clip it, including removing the roots that cross your property. If the tree is very close to your property line, then make the neighbor trim it all the way to the sky, and it will look goofy with half it's branches. He'll probably decide to remove it instead of trimming it in half.

If the tree is a danger, then you should call your local government, they will come out and inspect it and decide if it poses a danger to anyone.

If it's dropping too many leaves in your yard, then welcome to the wonderful world of home ownership.

 

[I AM ALWAYS LIABLE]

"Gee, I can't help but get the feeling that you're a busybody of a neighbor. Why do I get that feeling?

Maybe it was your use of the word arborist? I'm not sure, anyway, I apologize if you're not a busybody neighbor."


MY RESPONSE: Why would the use of the correct term, "Arborist", give you the feeling that our writer is a "busybody"? I get certain "feelings" too, but that isn't one of them.




"What is the problem with the tree? Why would anyone call in a professional to look at a tree that isn't on their property?"

MY RESPONSE: I guess you missed the part of our writer's post where she/he said, "I have roots from this tree at my house foundation."

That's a fairly good reason to have an "arborist" or two to come out to inspect the tree - - and to be concerned about one's investment in their property.

Government entities do not get involved in matters such as this. This type of situation is strictly a "civil" matter - - unless the tree was also endangering utilities, or some other property owned by a governmental agency. Therefore, if the tree is creating a "dangerous condition" to property, then our writer has his remedies in the court system; e.g., suing for "nuisance to property".

IAAL

 

[jusme]

I accept the apology. That should say you are wrong. One can't assume when they don't know the entire story.

I am Always Liable: Thank you--you are exactly right.

 

[HomeGuru]

What is the name of your state? Virginia

There is a oak tree next door to me and 2 aborists have said that the tree should be removed.

**A: if it is dangerous then you can go to Small Claims Court and force the owner to remov it. Did you talk to your insurance agent about the situation?
**************
These people refuse. Aside from court, if they should sell do I have a right to inform the agent of the seller of this problem or could the sellers (neighbors) sue me for telling the agent and hampering the sale of their house?

**A: yes, you do.
************

Also, I have roots from this tree at my house foundation. Thanks

**A: you can cut the roots to mitigate potential damage to your foundation.

 

[jusme]

Thanks HomeGuru--

Yes, I have talked to the insurance agent and since this would have to go through homeowners insurance it is considered a "gray" area if damage is done. Of course, the situation is to prevent damage. It might have to go to General District Court. This I am not sure of at this time.

The objective is to get them to remove the tree and stump before damage is done as there have got to be more roots that can't be seen. I have cuts roots that I could see.


It is encouraging to hear someone say I can tell the agent if they decide to sell before it goes to court.

 

[HomeGuru]

Good luck to you in getting to the root of the problem.

 

[jusme]

HomeGuru:

Got to love that reply! There has got to be some humor in all this mess.

Hope you and everyone will have a pleasant holiday.

 

[HomeGuru]

Jusme,
and the same for you.

Just Me

 

[jusme]

Thanks HomeGuru and I Am Always Liable for your advice.

The lawyer has sent the neighbors a VERY POSITIVE letter saying he wants a response from them within 15 days upon receipt of the letter. If he hears nothing then he said he would give it one more try and then if nothing it will be off to court. The letter demands removal of tree and the stump.

Will try to keep you posted. It would be the judge that has the final say(if the neighbors don't do anything) and who knows how he/she (judge) will see the situation.

 

[HomeGuru]

Good job.

 

[jusme]

I appreciated your reply HomeGuru(Just me). It was nice of you to say that.

I forgot to mention that this is to be a written response from neighbors to lawyer, so I guess we will see just how good this decision was if the neighbors comply or it goes to court.They don't appear to be very responsible.

I made the decision to contact the agent in the event they(neighbors) decide moving will get them out of doing anything.

Thanks again.

 

[HomeGuru]

Ok, hope everything turns out.

 

[jusme]

I called small claims court today and clerk of court said there were no forms for requesting tree to be cut down only if I were asking for damages. Has anyone heard of anything like this? I don't know what court to use. The lawyer mentioned small claims, but now it doesn't appear I could use that court or any part of General District Court. I'm really confused now. It appears I'll have to wait for damages to happen before I can sue.

 

[HomeGuru]

I called small claims court today and clerk of court said there were no forms for requesting tree to be cut down only if I were asking for damages. Has anyone heard of anything like this? I don't know what court to use. The lawyer mentioned small claims, but now it doesn't appear I could use that court or any part of General District Court. I'm really confused now. It appears I'll have to wait for damages to happen before I can sue.

**A: know you don't. Read the post from IAAL.