Did anyone have any experience in disputes between neighbors over trees while listing the property?

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Inna Ivchenko, Realtor® • GRI • HAFA • PSC • Short Sale • Probate (Barcode Properties)

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Rainmaker
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The Woodland Team of Texas

The Woodland Companies - Austin, TX

Land Specialists

We get called in when someone cuts down their neighbors tree, those are expensive.

Jan 24, 2019 09:43 PM

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Bob Crane

Stevens Point, WI

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Bob Crane

Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI

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I spend a lot of time in court doing expert witness work when neighbors fight over trees.

Aug 05, 2018 11:31 PM

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Bob Crane

Stevens Point, WI

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Sandy Padula & Norm Padula, JD, GRI

HomeSmart Realty West & Florida Realty Investments - , CA

Presence, Persistence & Perseverance

Never had this sort of problem, but I can imagine that the one disgruntled neighbor can create serious issues during the showing of the home, so you need to be vigilant.

Sep 12, 2015 10:52 PM

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John McCormack, CRS

Albuquerque, NM

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Annette Lawrence , Palm Harbor, FL 727-420-4041

ReMax Realtec Group - Palm Harbor, FL

Making FLORIDA Real Estate EZ

Local ordinances address these issues. Some under 'sunshine' laws while others based on intrusion. In my area, if it crosses the boundary, you can whack it off. The leaves are each owners responsibility.

What I would like to know is, "Are these disputes included in the HOMEOWNER DISCLOSURE?" Mischief in progress.

Recently I took a listing and the day after the owners left, the neighbor cut down a tree that made them unhappy. That was bold! So I removed the stump and EVERYONE is happy.

Sep 12, 2015 10:40 PM

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Sandy Padula & Norm Pa...

, CA

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James Dray

Fathom Realty - Bentonville, AR

Thankfully no not yet. I do hope it never happens but I'm sure it will

Sep 12, 2015 09:41 PM

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Sandy Padula & Norm Pa...

, CA

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Lise Howe

Keller Williams Capital Properties - Washington, DC

Assoc. Broker in DC, MD, VA and attorney in DC

good luck - call your title company and get guidance from them regarding California law and maybe ask one of the lawyers to write a letter explaining the responsibilities of the neighbor. I try to stay out of neighbor disputes.

Sep 12, 2015 09:23 PM

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Sandy Padula & Norm Pa...

, CA

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Inna Ivchenko

Barcode Properties - Encino, CA

Realtor® • GRI • HAFA • PSC • Short Sale • Probate

In CA you might not be able to trim branches. The dispute over any tree related issues should be disclosed and carefully negotiated. A homeowner thinking of substantially cutting back an encroaching tree should be advised to consult an arborist beforehand. Even where there is no danger of seriously injury to a tree, cutting back a tree must be done carefully.

Oct 11, 2017 09:28 PM

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Tammy Lankford,

Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA

Broker GA Lake Sinclair/Eatonton/Milledgeville

not over trees, but just had one over a property line dispute and didn't like being in the middle of that.

Sep 13, 2015 07:25 AM

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Rainmaker
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Praful Thakkar

LAER Realty Partners - Burlington, MA

Metro Boston Homes For Sale

Inna Ivchenko I have not come across such situation - yet. I an sure the original owner of the tree should be responsible for anything within their boundary. Others can remove/cut the branches if they 'cross' the line.

Best best is - check with attorney and there will be some standard guidelines for this.

This situation is rare, however not unheard of.

Sep 13, 2015 04:52 AM

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Rainmaker
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Captain Wayne - Rowlett Real Estate School

Rowlett Real Estate School - Panama City, FL

Rowlett Real Estate School / Owner and Instructor

I can't say that I have ever run into this kind of situation.

Sep 13, 2015 12:55 AM

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Rainmaker
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John McCormack, CRS

Albuquerque Homes Realty - Albuquerque, NM

Honesty, Integrity, Results, Experienced. HIRE Me!

Not really a big deal we have requested and gotten limbs cut before listing.

Sep 13, 2015 12:03 AM

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Rainmaker
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Raymond E. Camp

Ontario, NY

Personally here the neighbors have newer houses and no trees and lots of pesticides and complain about the leaves which I do go over the line to pick up! There is a small woods and they have tried to get that owner to cut them down and he told them what he could do.

Sep 13, 2015 12:02 AM

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Rainmaker
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Michael Setunsky

Woodbridge, VA

Your Commercial Real Estate Link to Northern VA

Inna Ivchenko I've only had one issue with a tree. It was too close to the house and was starting to affect the foundation. The owner cut it down. Never had a neighbor tree dispute.

Sep 12, 2015 11:53 PM

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Rainmaker
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Sally K. & David L. Hanson

EXP Realty 414-525-0563 - Brookfield, WI

WI Real Estate Agents - Luxury - Divorce

If the branches overhang a neighbor's property it is our understanding from the been there and done that school that the neighbor can trim them...not sure of the repercussions if the tree subsequently dies.

Sep 12, 2015 11:52 PM

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We get called in when someone cuts down their neighbors tree, those are expensive.
I spend a lot of time in court doing expert witness work when neighbors fight over trees.
Never had this sort of problem, but I can imagine that the one disgruntled neighbor can create serious issues during the showing of the home, so you need to be vigilant.
Local ordinances address these issues. Some under 'sunshine' laws while others based on intrusion. In my area, if it crosses the boundary, you can whack it off. The leaves are each owners responsibility.

What I would like to know is, "Are these disputes included in the HOMEOWNER DISCLOSURE?" Mischief in progress.

Recently I took a listing and the day after the owners left, the neighbor cut down a tree that made them unhappy. That was bold! So I removed the stump and EVERYONE is happy.
Thankfully no not yet. I do hope it never happens but I'm sure it will
good luck - call your title company and get guidance from them regarding California law and maybe ask one of the lawyers to write a letter explaining the responsibilities of the neighbor. I try to stay out of neighbor disputes.
In CA you might not be able to trim branches. The dispute over any tree related issues should be disclosed and carefully negotiated. A homeowner thinking of substantially cutting back an encroaching tree should be advised to consult an arborist beforehand. Even where there is no danger of seriously injury to a tree, cutting back a tree must be done carefully.
not over trees, but just had one over a property line dispute and didn't like being in the middle of that.
Inna Ivchenko I have not come across such situation - yet. I an sure the original owner of the tree should be responsible for anything within their boundary. Others can remove/cut the branches if they 'cross' the line.

Best best is - check with attorney and there will be some standard guidelines for this.

This situation is rare, however not unheard of.
I can't say that I have ever run into this kind of situation.
Not really a big deal we have requested and gotten limbs cut before listing.
Personally here the neighbors have newer houses and no trees and lots of pesticides and complain about the leaves which I do go over the line to pick up! There is a small woods and they have tried to get that owner to cut them down and he told them what he could do.
Inna Ivchenko I've only had one issue with a tree. It was too close to the house and was starting to affect the foundation. The owner cut it down. Never had a neighbor tree dispute.
If the branches overhang a neighbor's property it is our understanding from the been there and done that school that the neighbor can trim them...not sure of the repercussions if the tree subsequently dies.