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    annubas1979's Avatar
    annubas1979 Posts: 2, Reputation: 1
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    #1

    Apr 2, 2011, 08:35 PM
    Neighbor planting a Tree in front yard
    My neighbor is going to plant a tree that will grow up to 50'. The front of my house is facing the side of his. He is going to plant it about 10' away from my driveway but the potential width is going to be 15-30' at full growth and not to mention it is going to block half my house from being seen from the street. Is there anything I can do.
    peypey1999's Avatar
    peypey1999 Posts: 5, Reputation: 0
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    #2

    Apr 2, 2011, 08:51 PM
    Be a kind neighbor and tell them to move it. If they deny your question, you have a right to call the cops. It is on your property, too.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #3

    Apr 2, 2011, 09:10 PM
    Telling them to move it is being kind? And the cops aren't even going to show up.

    They can plant the tree on their property, period. When branches start to overhang your property, deal with them then. A 50' tree is not likely to spread 30', and the spread is half on each side. 10' away from the property line is reasonable. (You don't say where that is, just your driveway.) As for blocking half the house from the street? Tough luck, sorry. I personally would welcome such a tree.

    You can try a long shot of checking with zoning, but I doubt you have a case there. Countless people (including me) have trees ON their property line and we talk with our neighbors about what we all like and don't like. Leaning over? Dead branch? We take it down.
    annubas1979's Avatar
    annubas1979 Posts: 2, Reputation: 1
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    #4

    Apr 2, 2011, 10:26 PM
    The main tree is not on my property line. But the branches will be. Although I said it is about 10' from my driveway, it is only about 2-3' from the start of my lawn. To joypulv, I like trees as much as the next guy, but I didn't buy a $400,000 house so half of it can be blocked from sunlight and get rid of our views of the mountains. To me its just common sense.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Apr 2, 2011, 10:38 PM
    Quote Originally Posted by annubas1979 View Post
    The main tree is not on my property line. But the branches will be. Although I said it is about 10' from my driveway, it is only about 2-3' from the start of my lawn. To joypulv, I like trees as much as the next guy, but I didn't buy a $400,000 house so half of it can be blocked from sunlight and get rid of our views of the mountains. To me its just common sense.
    Your best bet is to make them an offer for an easement to protect your view. It could be that it's not nearly as much a big deal to them as it is to you. If they are willing to sell you such an easement, get a skilled attorney to draft it for you.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #6

    Apr 3, 2011, 04:05 AM
    I'm not unsympathetic, but you don't have a case in advance. Each state has their own laws about overhanging branches (I think most allow pruning straight up in the air above the property line by the person being encroached upon). Some also have laws about tree roots breaking up pavement, walls, or underground pipes. As said, your best bet is to talk to them. Paying for air rights is a good option. Or maybe if they realize the future better, they will at least move it back so that the drip line is behind the property line.
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