Overhanging Branches, Overstepping Boundaries: A Guide to Common Tree Disputes Between Neighbors
Trees can add a lot of value to properties, offering shade, providing privacy, and increasing curb appeal. But trees can also become a liability and generate conflict with your neighbors. Navigating tree disputes can be complex and, at times, emotionally charged. Knowledge of the laws surrounding trees in Virginia is essential to efficiently resolve conflicts with your neighbors, avoid costly issues, and ensure the protection of your property rights. This guide will provide an overview of the types of issues that frequently arise and a baseline understanding of your rights and obligations in these disputes.
Encroaching Branches and Roots
A tree may be planted within a property’s boundaries, but it may not necessarily stay there. Oftentimes trees planted near a property line end up encroaching, either by branch or by root, into the property next door.
If the branches of a neighboring tree extend over into your property line, you can take action to remove the branches should you choose. The principle of self-help in Virginia permits you to cut back any vegetation encroaching on your property line. Any trimming must occur on your own property because any entry onto the neighboring property to do so would constitute a trespass. However, it will be at your own expense unless the branches cause actual harm or an imminent danger of harm to your property or person. Should the branches pose a risk of harm, you can contact your neighbor and request the branches be removed at their cost.
A more complicated situation arises when a neighboring tree’s roots encroach onto your property. You are still entitled to self-help, but the cost of removing the tree roots from your property may be prohibitive. In that case, you can notify your neighbor of the problem and request the roots be removed at their cost if the roots cause actual harm or an imminent danger of harm to your property. If you believe the encroaching tree roots are already causing damage to your property, it may be helpful to consult with an arborist to develop an appropriate solution which you can then request your neighbor implement.
Every effort should be made to approach the issue as amicably as possible. In the event that no amicable resolution can be reached, the owner who is experiencing the encroachment can file a lawsuit asking for injunctive relief forcing the tree owner to remove the tree branches or roots under theories of trespass and private nuisance, but the facts must be particularly offensive to receive a favorable outcome.
Unauthorized Tree Removal
Sometimes, an adjoining landowner may go rogue and remove your tree from your property without your knowledge or consent. Should this happen, you have several remedies that can be pursued after confirming which of your neighbors has removed your tree without permission. You may be able to sue for trespass or conversion and recover damages, such as any diminution in the value of the land or the value of the tree itself.
Dangerous Trees
Occasionally, a tree will become dangerous, whether, for example, because it dies, becomes diseased, or grows in an unstable manner. When a tree becomes dangerous, it is considered a nuisance. The owner, upon notification of the danger, is responsible for remedying the danger, whether by removing the dangerous tree or implementing another solution that removes the risk of harm. If the property owner declines to act, you may be able to seek legal remedies, such as injunctive relief, to compel the owner to address the issue. Documentation of the dangerousness of the tree and attempts to amicably resolve the issue with the property owner is essential to success in this type of suit.
Additionally, Virginia imposes a duty of reasonable care on landowners to prevent unreasonable harm to others. Once a tree owner knows or should know that the tree poses a danger, there is a duty to act to mitigate the risk. If one of your trees becomes obviously dangerous, or an adjoining landowner notifies you of the dangerousness of a tree on your property, you should strongly consider removal to avoid any potential liability in the future.
Conclusion
Evaluating your legal responsibilities and protecting your rights in disputes with your neighbors over trees can be complicated. If you are looking for legal advice or for an attorney to represent your interests in a dispute, our experienced property law attorneys at Briglia Hundley can help. Contact us to schedule an initial consultation today.
——
