Gregory R. Tolbert's Answers

Residential property

It is unlawful for you to cut down the tree. As a general rule, your neighbor has a duty to restrain their trees from encroaching on your property (e.g., the tree owner is liable if their tree roots damage a neighbor's septic system). As to potential damage, the fact that the tree is old and huge is not the key. Rather, the issue is the health of the tree. The general rule is that, if the tree has no apparent defect and its owner has no notice of the danger it poses, there is no breach of...

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Real Estate Adverse Possession

Absent unusual circumstances, individuals who acquire title through adverse possession do not have an obligation to mark their property boundaries. In quiet title actions (a typical method to determine title via adverse possession), however, the lawyers/parties should have submitted a property description or map such that, when deciding the matter the Court could define the property. Accordingly, you should start with the Court Order in the matter that ended the lawsuit. To determine the...

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Tree impeding my view

Absent other considerations, as a legal matter, you have no rights regarding your neighbor's view-blocking tree. That said, there are a couple of things you may wish to consider to improve your situation. First, you may be able to reduce your property taxes. In some jurisdictions, properties with views (or suspected views) are taxed on the basis that the property has a view. The fact that your view is blocked may allow you to get your property taxes reduced. Second, and probably more...

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