What to do if my neighbor’s tree trunk is pushing against our common property line wall?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my neighbor’s tree trunk is pushing against our common property line wall?
The neighbor who lives behind me has a palm tree that has grown so that it’s trunk is pushing against the property line block fence that divides our property, and has done major damage to it and, if nothing is done, will continue to grow and push against the wall until it knocks down a section of it onto my landscaping (shrubs,block borders, sprinklers). Can I compel my neighbor to remove the tree and restore the fence on the property line at his cost for all the work?
Asked on February 14, 2011 under Real Estate Law, Arizona
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Have you tried speaking with your neighbor about the situation? Advising him that the palm tree has grown larger than I am sure he expected and that it is now damaging the fence between you? Sometimes if we approach things in a neighborly way there can be a different outcome, like: "Bob, have you seen how that palm tree has really grown? Who would have realized! And I am really afraid that it is going to knock down our fence sometime soon." If he says "so what" then I guess you can take the next step that legally you re entitled to: having him remove the tree because it is encroaching on your property. It is a trespass. BUT, if it grows on the boundary line itself then you have to mutually agree to remove it. That does not seem the case ere, though. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.