I have a neighbor who planted trees behind his house maybe 15 years ago. 13 years ago the lot's were purchased and a developer put some homes on the lots. 8 years ago when I moved in I never noticed any property issues. A few years after moving in I wanted to expand my deck and had someone come out with my lot plans and he showed me that most my neighbors trees were in my property. Now a few more years later, the trees are really encrouching on my space in the yard and I'm thinking about fencing in the yard and putting in a pool. What options do I have? The roots for 80% of the trees are on my property, the limbs are consuming ~15 feet of my back yard which is small to begin with. The trees are not maintained at all after heavy snow damage. Is my neighbor responsible for cutting down the trees if I ask for it?

Yes, you can ask the neighbor to remove the part encroaching on your property AND, if your neighbor does not, YOU can do it.

Makes for lousy feelings, probably, but you certainly can do it.

Might want to look into some real estate legal term - is it "adverse possession"? - something like that. For some reason 30 years sticks in my head.

Schultz Wrote:
-------------------------------------------------------
> I have a neighbor who planted trees behind his
> house maybe 15 years ago. 13 years ago the lot's
> were purchased and a developer put some homes on
> the lots. 8 years ago when I moved in I never
> noticed any property issues. A few years after
> moving in I wanted to expand my deck and had
> someone come out with my lot plans and he showed
> me that most my neighbors trees were in my
> property. Now a few more years later, the trees
> are really encrouching on my space in the yard and
> I'm thinking about fencing in the yard and putting
> in a pool. What options do I have? The roots for
> 80% of the trees are on my property, the limbs are
> consuming ~15 feet of my back yard which is small
> to begin with. The trees are not maintained at
> all after heavy snow damage. Is my neighbor
> responsible for cutting down the trees if I ask
> for it?

They are your trees - doesn't matter who planted them. I had a similar problem - the prior owner of my house had planted a hedge that did not follow the property line. Some was on my property, some on my neighbors. Found out when I staked the property to replace the hedge. I went to my neighbor and asked if he minded if I removed 'my' trees from his land. It ended up giving him about 10 ft of backyard he did not know was his. Be honest and reasonable - that usually works. But at the end it's your land - he can't stop you from doing what you want.

This happened to my parents a few years back, an entire row of pines grew over and hung over the roof and grew into the side of the house...

From what I remember... There was quite a bit of arguing and bickering till my parents finally found sufficient legal authority to cut the encroaching branches (on their own dime of course)

This actually reminds me of a story from athe neighbors before them, We were clearing out the back 10 yards of the property line that runs against the woodline and my father kindly asked the husband of the family next door if we could go ahead and fell a couple trees that were technically on their property.

We caught him as he was leaving on a trip, suitcase in hand. He said go for it! The next day the Wife went ballistic! She loved those trees etc etc etc, Turns out the husband wasnt taking a trip, he was leaving her. The family moved shortly after.

Have the county mark your property line, and if you place an imaginary wall completely vertical from your property line going up into the sky, anything on YOUR side, you can have cut and removed. Best if you first ask the neighbor to correct the issue. If they fail to do so, then have a tress company do it for you.

Given that the neighbor planted the trees and isn't maintaining them, I have to assume he's a prick and probably will give you a rash of shit in order to not have to pay to fix the mess he created in the first place. I have a feeling you will end up having to pay to remove this shit from your property, but I doubt there will be much your neighbor can do to prevent it.

---------------------------------------------------------------------------------
http://bible.cc/1_corinthians/13-11.htm

CutTheTrees Wrote:
-------------------------------------------------------
> Have the county mark your property line, and if
> you place an imaginary wall completely vertical
> from your property line going up into the sky,
> anything on YOUR side, you can have cut and
> removed. Best if you first ask the neighbor to
> correct the issue. If they fail to do so, then
> have a tress company do it for you.


The county doesn't do it, a surveyor does. It will cost some $ (few hundred) but worth it. Have them 'pipe' the corners - they will sink an iron pipe into the ground to permanently mark corners. You can also look at the plat you got when you bought the house - it's not a precise as having a surveyor do it, but you can get close from the measurements marked on the plat. The plat will be marked with who did it. If you use the Surveyor that marked your property originally, they may cut you a break.

I don't think a misplanted or poorly maintained hedge amounts to adverse possession. Adverse possession is more an old wives tale versus something that happens day to day anymore.

When your neighbor goes in vacation, cut the roots and dig them up and cut the branches. It's a dick mov but so what, so is his lack of maintenance. Or get some of that spike80 stuff that was used to poison the Auburn oak trees and kill them.

__________________________________
That's not a ladybug, that's a cannapiller.

I started reading this thread and thought "oh dear, here comes the mi-information" and I was pleasantly surprised most of you got it almost right. But hey, you are trying.

If the trees are on your property 80% then you are the "tree owner". So dont even bother asking the neighbor. Cut the trees yourself before the neighbors sues YOU.


The Massachusetts Rule regarding tree encroachment is followed in most states. However, Virginia adopted a new rule. Apparently in Virginia a tree owner can now be held liable for damage caused by their tree and can forced to cut back roots and limbs if the tree poses a risk of actual harm or an imminent danger.

"Accordingly, we hold that encroaching trees and plants are not nuisances merely because they cast shade, drop leaves, flowers, or fruit, or just because they happen to encroach upon adjoining property either above or below the ground. However, encroaching trees and plants may be regarded as a nuisance when they cause actual harm or pose an imminent danger of actual harm to adjoining property. If so, the owner of the tree or plant may be held responsible for harm caused to [adjoining property], and may also be required to cut back the encroaching branches or roots, assuming the encroaching vegetation constitutes a nuisance. We do not, however, alter existing . . . law that the adjoining landowner may, at his own expense, cut away the encroaching vegetation to the property line whether or not the encroaching vegetation constitutes a nuisance or is otherwise causing harm or possible harm to the adjoining property. Thus, the law of self-help remains intact . . . ."

Fancher v. Fagella. Look it up and cut the trees that you are the owner of if the pose any danger to the neighbor.

Fairfaxunderground rules: Lilliputions, not ok. Midgettville ok. I got it now.

You have "air righs". Even if the tree is on your neighbors property you have the right to trim the trees back to the property line. As mentioned, if the trees are your proberty you can do anything you want with them, regardless of who planted them. You might have to contact the county arborist about removing trees though, it's been awhile since I dealt with it and not sure what the county code is now.

KK Wrote:
-------------------------------------------------------
You might have to contact the county
> arborist about removing trees though, it's been
> awhile since I dealt with it and not sure what the
> county code is now.

What do you think this is, Montgomery County? You live in Virginia for pete's sake. You don't have to ask permission to cut down your own tree. Cut down any tree you like. Then go pick up a handgun - only two per month allowed, though!

This is Virginia! Wrote:
-------------------------------------------------------
> KK Wrote:
> --------------------------------------------------
> -----
> You might have to contact the county
> > arborist about removing trees though, it's been
> > awhile since I dealt with it and not sure what
> the
> > county code is now.
>
> What do you think this is, Montgomery County? You
> live in Virginia for pete's sake. You don't have
> to ask permission to cut down your own tree. Cut
> down any tree you like. Then go pick up a handgun
> - only two per month allowed, though!

Only for you donkeys without a Concealed Carry permit... We can buy as many as we can afford!

JBass Wrote:
-------------------------------------------------------
> Only for you donkeys without a Concealed Carry
> permit... We can buy as many as we can afford!

WRONG! We can buy them even if we can't afford them!!1!!!!

same problem Wrote:
-------------------------------------------------------
> ...Adverse possession is more an old wives tale versus
> something that happens day to day anymore.

I looked it up - in Virginia the period for adverse possession is 15 years, not 30. This is a remarkably small length of time.

The key feature is that the possession must be blatant - in yer face style - and you have to do nothing to stop it. An easy way to stop it is to write a certified letter to the other party noting the incursion and stating you have given them permission to do so.

Interestingly, this applies very much to my own small property - a few years ago I gave permission to my next door neighbor to mulch some tree roots from a single tree across the property line; had they NOT done this their tree would have had a VERY lopsided mulch line. If I keep quiet about that for, say, another 10-ish years - they OWN that mulch circle! (if they want to do all the necessary court paperswork, etc).

I think I'll be telling them about this and sending off that certified letter real soon now...

My back yard has a fence that goes outside my property line by about five feet in some places. The adjacent lot is county park land. This is just undeveloped forest land - not some grassy area with a play equipment.

The fence had already been in place for years before I moved here. I have been here about ten years and the fence hasn't moved. I wonder if adverse possession applies to county land.

It is probably not enough space to be worth the trouble. I'm just glad nobody is going to build there.

Napalm.

same problem Wrote:
-------------------------------------------------------
> Adverse
> possession is more an old wives tale versus
> something that happens day to day anymore.

O RLY?

http://www.chron.com/disp/story.mpl/ap/tx/7677980.html

Years ago I allowed my neighbor to plant trees on my property to improve his landscape. Now the trees (pines) are encroaching on my maples and might kill the maples. Can I cut down these pines?

Rich Wrote:
-------------------------------------------------------
> Years ago I allowed my neighbor to plant trees on
> my property to improve his landscape. Now the
> trees (pines) are encroaching on my maples and
> might kill the maples. Can I cut down these
> pines?

Absolutely. Unless you made some sort of agreement that you weren't going to cut them down and he gave you some sort of valuable consideration for the right to plant the trees on your property, he basically gifted you with some trees, which are yours to do with as you will.

I'd tell him what you were going to do, just to be a good neighbor, but if he doesn't like it, tough shitski.

My neighbor planted trees on my property, but I'm fucking his wife, so I figure we're even.

Same thing happened to me. Neighbor kept trimming my hedge which I wanted as a screen against them. His crazy wife came out waving arms telling me her grandfather had planted those shrubs, blah, blah. I pointed out they were on MY side of the fence but she was in full rage.

I ended up killing grandpa's hedge and planting my own. Problem solved...kill 'em.

BEFORE YOU CUT THEM DOWN get the property line professionally marked. This will save you money and grief if he becomes an asshole about the trees. They are growing on your property - They are your trees

Olde Farte Wrote:
-------------------------------------------------------
> same problem Wrote:
> --------------------------------------------------
> -----
> > ...Adverse possession is more an old wives tale
> versus
> > something that happens day to day anymore.
>
> I looked it up - in Virginia the period for
> adverse possession is 15 years, not 30. This is a
> remarkably small length of time.
>
> The key feature is that the possession must be
> blatant - in yer face style - and you have to do
> nothing to stop it. An easy way to stop it is to
> write a certified letter to the other party noting
> the incursion and stating you have given them
> permission to do so.
>
> Interestingly, this applies very much to my own
> small property - a few years ago I gave permission
> to my next door neighbor to mulch some tree roots
> from a single tree across the property line; had
> they NOT done this their tree would have had a
> VERY lopsided mulch line. If I keep quiet about
> that for, say, another 10-ish years - they OWN
> that mulch circle! (if they want to do all the
> necessary court paperswork, etc).
>
> I think I'll be telling them about this and
> sending off that certified letter real soon now...

You misunderstand adverse possession. It is not enough to just be "in your face." You must also possess the property exclusively - meaning the adverse possessor must keep the rightful owner from accessing the property. Putting mulch in your neighbor's yard does not rise to that level, because you can access that property just as easily as your neighbor can. Further, the fact that you've given him permission to mulch also is relevant, because adverse possession has to be, well, adverse. Use of the property must be hostile, i.e. non-consensual.

Worst-case scenario, after 20 years, he could claim to have an easement to go onto your property whenever he likes for the limited purpose of spreading mulch on that circle, but he won't own it.

I recently saw a Google Earth photo of my hillside with plat maps of my property and the neighbors. Clearly some towering pine trees planted some 40 years ago by the current owners father were planted within my property line. Nothing was disclosed when I purchased my property because I don't think anyone knew of the encroachment. The hill has no survey stakes. Those pines are poised to come crashing down on an olive grove that I am cultivating on the hill. Is it the current owners responsibility to remove those trees on my property at his expense?

Douglas Wrote:
-------------------------------------------------------
> I recently saw a Google Earth photo of my hillside
> with plat maps of my property and the neighbors.
> Clearly some towering pine trees planted some 40
> years ago by the current owners father were
> planted within my property line. Nothing was
> disclosed when I purchased my property because I
> don't think anyone knew of the encroachment. The
> hill has no survey stakes. Those pines are poised
> to come crashing down on an olive grove that I am
> cultivating on the hill. Is it the current owners
> responsibility to remove those trees on my
> property at his expense?


Generally speaking, under the VA legal model for such things, nope it's not. Worse yet from your perspective, even if they're on his property and they do fall, then it's still your responsibility to deal with what ends up on your property.

Obviously, you can take somebody to court and argue whatever you want but that's the general scheme of things.

What shows on Google Earth is not necessarily exactly correct btw. The only way to be sure is to actually have it surveyed.

A survey is what I am looking into now and it is expensive. From what I am reading it would be better if the trunks show up on his property that way he will be responsible for the branches overhanging my property. This in CA and the hill is zoned Agricultural land. Pine Tees or limbs falling on an orchard from one property to another. I'm wondering if this influences the argument.

Tree-related rules and problems are one of the most common issues NoVa homeowners face. As the result, there are plenty of expert websites providing accurate and easy-to-understand information on the various aspects of the problem. FFXU is meanwhile just about the worst possible place to go for advice about anything.

I have a row land in a recreatianal area (zoned R-C) and I want to cut half of the trees there. Do I need any kind of permission from the municipality to do this?

To sum it up with one word - TIMBER!

wow

1) make sure the proerty line has been surveyed before (where is line)

2) if it is on your line make sure neighbor knows you do not accept any responsibiliy nor do you condon it being there - but will not cut it down immediately

it may not be as pleasant as you already dont think it is

did the neighbor plant it where it will cause branches over your roof ?

if so cut it down now before it costs you money or even your home

not all neighbors are "nice"

Leyland Wrote:
-------------------------------------------------------
> Douglas Wrote:
> --------------------------------------------------
> -----

> > Clearly some towering pine trees planted some
> 40
> > years ago by the current owners father were
> > planted within my property line. Nothing was
> > disclosed when I purchased my property because
> I
> > don't think anyone knew of the encroachment.

How can a tree be considered an encroachment? It's a plant, not a permanent building, driveway, or the like. If your neighbor plants a tree in your yard, it's your tree. Who gives a shit who planted it 40 years ago - how would they even prove that? You bought the house, trees in yard are yours.

do what you need, if your neighbor bitches this gives you a chance to see what a louisville slugger does to a human skull.

I planted a hydrangea bush on the corner of my property not realizing that the property line is only 4.7 feet from that corner of the house. About 80% is over the line. The neighbor had a survey done and marked the corners on that side of the property an announced " I just wanted to show you that it is my bush and I can cut flowers of it." Can I move the bush this weekend to a spot on my land or does she now "own" it? As I read posts, it appears as though she can cut/trim her part or ask me to move it. I want to move it now.

Giarc Wrote:
-------------------------------------------------------
> I planted a hydrangea bush on the corner of my
> property not realizing that the property line is
> only 4.7 feet from that corner of the house.
> About 80% is over the line. The neighbor had a
> survey done and marked the corners on that side of
> the property an announced " I just wanted to show
> you that it is my bush and I can cut flowers of
> it." Can I move the bush this weekend to a spot
> on my land or does she now "own" it? As I read
> posts, it appears as though she can cut/trim her
> part or ask me to move it. I want to move it now.

Stupidest question ever, but if the base of the plant is on your property you can move the whole plant. This is an ''air rights'' issue. She doesn't own the parts hanging over your property... imagine a marijuana plant... but can do what she wants with it. Don't stick your penis over the fence.

ok,



if a plant is on your neighbors property, and overhangs your property

from the property line on the ground up into the air, imagine a wall. Yes you CAN trim trees and shrubs.

There is a "but" your trimming cannot affect the overall health of the plant.

In the case of the hyndreangea. if your neighbor decided to put a fence up. and the main trunk of the hyndrangea is on her side of the line, its her shrub, Its not your shrub anymore.


On the case of the OP. sounds like the trees are on his property... therefore they are your trees. you purchased them when you bought the house.

but before you go cutting them down... spend the$$ on a survey...and have it marked with pipes. I'massuming that you have a plot plan. call the people whoo did the survey then. they might cut you a break...

Olde Farte Wrote:
-------------------------------------------------------
> Yes, you can ask the neighbor to remove the part
> encroaching on your property AND, if your neighbor
> does not, YOU can do it.
>
> Makes for lousy feelings, probably, but you
> certainly can do it.
>
> Might want to look into some real estate legal
> term - is it "adverse possession"? - something
> like that. For some reason 30 years sticks in my
> head.

no, unmaintained trees do not have to be tended or chopped down because they are "over the fence

you can't ask the property owner to remedy the situation unless their is a cause. ie, limb endangering home, or your SURE to build a deck (if you don't, the guy can sue for damages, for lying and causing waste of money and time)

they used to say if a person uses land for 7 years and no complain, it becomes part of their property. however you'll probably find they more stick to the zoning records and acreage or even gps, modernly.

i have a neibor who did the same thing. been thinking of cutting the tops so they don't get higher and cause real problems

My neighbor planted a row of trees on my side of the property line, thinking that he was planting on his side of the line. After he planted them, I realized he made a mistake, but never said anything because I didn't want to start up. He never realized his mistake. 6 years later I am doing construction on my house, and the workers accidentally knocked over several of these trees. My neighbor went nuts on me. He told me I have to replant the trees in exactly the same spot. I'm not going to do that because I need the space for my construction. Do I have any duty to take care of his trees - e.g., make sure they don't get further damaged or help him replant them or anything like that? I gather from these posts that I might actually be the owner of these trees, even though he planted them at his expense and there was clearly no intent by either party that he was transferring ownership of the trees to me. Does the answer to this question vary by state?

It would be money well spent if you got some legal advice on this one, since the neighbor is being crotchety, but, as I understand the law and how it applies to the situation you describe, if the trees are on your land, you can do with them as you wish. If the neighbor didn't do his due diligence when he planted, i.e., confirm the location of the lot line, that is his problem. To reiterate, though, if he is getting all puffed up and ornery about some trees, make sure you get professional advice.

The rule of thumb to use for a property line is that you own from the ground to the sky so if a neighbor plants a tree right next to the property line and it grows over onto your side you have every right to trim any of the tree that is over the property line, even if this kills the tree.

A lawyer will advise a client to consider the type of tree and probable growth and plant it far enough back that it will not grow over the line.

What the above folks said. I'm assuming (IANAL) that six years isn't enough for adverse possession to apply.

MikeyNeighbor Wrote:
-------------------------------------------------------
> My neighbor planted a row of trees on my side of
> the property line, thinking that he was planting
> on his side of the line. After he planted them, I
> realized he made a mistake, but never said
> anything because I didn't want to start up. He
> never realized his mistake. 6 years later I am
> doing construction on my house, and the workers
> accidentally knocked over several of these trees.
> My neighbor went nuts on me. He told me I have to
> replant the trees in exactly the same spot. I'm
> not going to do that because I need the space for
> my construction. Do I have any duty to take care
> of his trees - e.g., make sure they don't get
> further damaged or help him replant them or
> anything like that? I gather from these posts that
> I might actually be the owner of these trees, even
> though he planted them at his expense and there
> was clearly no intent by either party that he was
> transferring ownership of the trees to me. Does
> the answer to this question vary by state?

Pay for a new survey, show it to your neighbor, and cut the trees down. Best defense against a someday adverse possession claim. I had a property where the prior owner and my neighbor had drawn pretty much a straight line from the street between the properties when in fact it was on a slight diagonal. I had more front yard than the plantings suggested, and my neighbor had more backyard. I showed him the plat and then replanted a hedge (I was doing it anyway) along the proper property line. I never did move the sprinkler head the old owner had on the neighbors property, or the one he had placed on HOA land too. Sold that house - not my problem anymore.

Greybeard Wrote:
-------------------------------------------------------
> What the above folks said. I'm assuming (IANAL)
> that six years isn't enough for adverse possession
> to apply.


Findlaw says 15 years.

****

Virginia Adverse Possession Laws at a Glance

Continuous trespassers' rights, or "adverse possession" laws, an individual who inhabits and improves an otherwise neglected piece of real estate may claim title to that property after a certain amount of time has passed. Typically, the trespasser must possess the property publicly and, in some cases, pay property taxes as if he or she owned the property. Under Virginia adverse possession laws, a person may acquire title after inhabiting a property for 15 years.

- See more at: http://statelaws.findlaw.com/virginia-law/virginia-adverse-possession-laws.html#sthash.1PdmQTtm.dpuf

My neighbor has a ton of 50 plus yr old poplars in his back yard. Vines are all over the trees and starting to weigh them down. I suggested that he cut them to save the tree but he didnt act on my recommendation. My fear is that there's a risk of having one or two or three crash on my house. Do I have any legal options to deal with this?

Most of you are really ignorant. Just contract a surveyor to mark the property lines. The attorney will offer the same advice and bill you for it.
"stupid is as stupid does"

http://law.lis.virginia.gov/vacode/title18.2/chapter5/section18.2-140/

§ 18.2-140. Destruction of trees, shrubs, etc.
It shall be unlawful for any person to pick, pull, pull up, tear, tear up, dig, dig up, cut, break, injure, burn or destroy, in whole or in part, any tree, shrub, vine, plant, flower or turf found, growing or being upon the land of another, or upon any land reserved, set aside or maintained by the Commonwealth as a public park, or as a refuge or sanctuary for wild animals, birds or fish, or upon any land reserved, set aside or maintained as a public park by a park authority created under the provisions of § 15.2-5702, without having previously obtained the permission in writing of such other or his agent or of the superintendent or custodian of such park, refuge or sanctuary so to do, unless the same be done under the personal direction of such owner, his agent, tenant or lessee or superintendent or custodian of such park, refuge or sanctuary.

Any person violating this section shall be guilty of a Class 3 misdemeanor; provided, however, that the approval of the owner, his agent, tenant or lessee, or the superintendent or custodian of such park or sanctuary afterwards given in writing or in open court shall be a bar to further prosecution or suit.

Code 1950, § 18.1-178; 1960, c. 358; 1975, cc. 14, 15; 1976, c. 757; 1998, c. 81.

This is why you have RE settlements done by YOUR attorney not some bozo from the settlement company. Virginia you CANNOT BE BOTH at settlement. Plat vs survey:
Huge difference. Survey you normally have to pay on your own dime. You'd be surprised how many attorneys do not understand adverse possession, squatting etc. notice why I didn't include Real estate agents to know this? Because it's out of their scope! Beware the RE agent that purports to understand RE law etc.

If there is encroachment, it will show as RED on the survey. Then, your attorney will advise you to send a certified letter to the neighbor notifying them. Rarely, adverse possession does happen, but that doesn't mean it never happens. My neighbors driveway was paved on my property. I spoke to him about it and he told me that he used some gypsies to pave it-and no survey was ever done prior to paving by the company.

So, always have your own legal representation to ensure you are protected.

Pro se litigants have an idiot for an attorney.