It's no secret some of the nastiest neighbor disputes are due to fence and tree issues.
Commonsense and good manners go a long way when neighborly tensions arise.
As an experienced local agent, I always counsel homeowners to take a deep breath before filing a lawsuit over a neighbor's noxious weed tree or collapsing fence.
It's always best to start with a conversation, but if you find this a little intimidating, there's no harm in asking a friend to be with you. They'll calm any tension and be your witness to what has been said, promised or denied.
Before knocking on their door, research your legal rights, such as boundary lots.
When discussing the issue, it's perfectly reasonable to be firm but try to offer solutions to your problem.
Depending on the situation, it's never a bad idea to have any written advice from the local authority, a tradesperson or even the surveyor plans.
Often, it's a good idea to give your neighbor time to consider the problem.
In the case of a fence dispute, for example, the legal website Justia says neighbors sharing a fence should split the cost of repairing or maintaining it.
On trees – another common issue between neighbors – it says: “If the trunk of a tree is on a person's property, the tree belongs to that person even if its branches or roots extend over the boundary line.
If a tree is located on a boundary line, the tree belongs to all property owners. All owners are required to maintain the tree, and one property owner must obtain permission from the others before removing the tree.”
Of course, a common argument is when a neighbor's tree has branches hanging over an adjacent piece of land.In that scenario, Justia says: “A neighbor may trim the branches and roots on their property, so long as the tree itself is not harmed. While specific laws vary between states, tree owners may be held liable if their trees cause serious damage to a neighbor's property.”
