My neighbor's 30' bradford pear drops fruit on my cars. Can I take him to small claims court for nuisance tree removal?

Asked about 1 year ago - Alexandria, VA

He planted the tree on a slope [towards my property] so the tree leans towards my house and limbs bearing the pea sized fruit hang over my concrete driveway and white cars. The distance between the 2 houses is only about 30 feet . The tree is about 2 feet from the property line. I bought my house 10 years ago and believe the tree is about 15 years old or so. I've tried to talk to him about the situation as those fruit ruined the paint on my previous car. His only response delivered with a smirk... "Well... that's what nature does!" I then asked why is it he has no trees hanging over HIS cars to which he never responded. I've been trying to be neighborly but I'm done with that. There is no HOA as the homes were built in the late 50s. Help before I put a copper nail in the trunk!!

Attorney answers (2)

  1. Steven Andrew Krieger

    Contributor Level 13

    3

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . I believe you can cut any of the limbs that cross over the property line without his permission. If the Tree is planted in such away that cutting the limbs will not be sufficient then I would take him to small claims court. The rules are less formal and he cannot have an attorney represent him.

    I hope you found this response to be helpful. If so, please click "best answer" and/or "helpful." Avvo is a a... more
  2. Rixon Charles Rafter III

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . Not sure why you haven't removed the offending limbs at that point where they enter the airspace over your property. May want to 1) consult with a property law attorney in Alexandria and 2) let the neighbor know your plans so as to avoid a police issue, 3) consult with a certified, bonded, insured arborist before removing the limbs, 4) hire insured, bonded, licensed experts to remove the limbs, 5) in consultation with the local property attorney, determine if any part of the costs incurred are recoverable from the neighbor, 6) consider small claims court for any past damages.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,878 answers this week

3,222 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,878 answers this week

3,222 attorneys answering