Legal Question in Real Estate Law in Virginia

Tree Responsibilities

A previous question appears in your database as follows:

''My neighbor has a pool built next to the property line. There are several trees which are on my property & which far preceded the construction of his pool. He is frustrated with the tree branches and believes that it is my responsibility to keep my trees from covering his pool.''

Reply: Your neighbor may only reasonably trim back those branches which overhang the property line onto his side. He is not permitted to trim back branches which are on your side of the line.

My question is - I have a similar problem with several large, 100' high oaks, on my neighbors yard that over a 20+ year period have consumed my backyard with their canopy inhibiting any growth. What Virginia statute do I quote to him that allows me to remove the excessive growth and what is the best approach for handling this problem? I am not sure a friendly approach with this neighbor would work (nor do I want to try) to smooth a request for tree limb removal. Your advice will be appreciated. Thanks.


Asked on 9/25/02, 11:03 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Tree Responsibilities

Before engaging in unilateral action , you should give the neighbor written notice(certified

mail, return receipt requested)of your request

that he take appropriate measures to have his trees' branches trimmed back to the property line by a certain date---or that you will be engaging a professional tree trimmer to do the job, which he will be expected to pay for. Then proceed, accordingly.(Note: Do not attempt to trim the trees yourself as this could expose you to substantial liability if matters went amiss. Also,

if the neighbor were to refuse to pay for the trimmer, you could recover these costs in small claims court.)

No Virginia statutes need be cited; the applicable law is what you have already referenced.

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Answered on 10/05/02, 12:52 pm


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