Our HOA says you can't plant anything closer then 5' to the property line. This tree was planted before I moved there. I thought the property line was in the middle of the property between the houses but I own 2/3 and they own 1/3. Please let me know if anyone has suggestions about what I should do. Thank you.
You should talk with your own lawyer first. I would also recommend you inform the HOA in writing and ask the board to enforce the governing documents. Also a survey or the actual location of the property corners should be checked as well. I would not recommend self help ( cutting the tree down) as the courts do not look kindly on those who skirt the rules and procedures.
Try Avvo Advisor at instant.avvo.com if you want to speak directly with myself or another attorney right away. Please be sure to indicate the best answer. If this answer was helpful, please mark as helpful below. Only. If and until you and I sign an Agreement for Legal Services, I am not your attorney. These answers are provided for informational and/or novelty purposes
Have you discussed the issue with your neighbor and/or the HOA?
What is your objection to the tree?
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
There should be no reason why you couldn't trim any portion of the tree which encroaches onto your property.
However you should speak to the HOA to let them know what you are going to do and ask for clarification as to what the procedure is for removing the tree.
Make sure that you hire a licensed landscaper, who will undoubtedly require a survey showing the exact location of the property line.
Note: This response is for general informational purposes only. No attorney-client relationship is created. No responsiblity shall be taken by the submitting attorney for any individuals acting pursuant to any information contained herein.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline