Legal Question in Real Estate Law in Pennsylvania

legal rights concerning a neighbor's tree partially on my property

What are my legal rights concerning a tree of my neighbor's which crosses the proprety line?

May I seek a legal remedy which would compell him to remove the tree?

Suppose I erect a car port, and consequently the tree dies from digging the foundations or laying concrete, Could he sue me for damages to his tree or his property?


Asked on 9/17/97, 12:54 am

1 Answer from Attorneys

Gerald Hershenson Law Office of Gerald M. Hershenson

Property Rights in Neighborhood disputes

Regardless of your legal rights I strongly recommend that you discuss the issue with your neighbor and ask to trim the tree or let him trim the tree.

You have a right to work on your property. If his tree encroachs upon your property you have the rights to prevent a trespass upon your property. In my opinion the best solution is not a legal solution. Neighbor disputes in my opinion are the worst type of legal disputes because if you become enemies with your neighbor your living next to that neighbor can make your life miserable and you may have to move. Solve it by discussion with a friendly approach if at all possible.

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Answered on 9/17/97, 9:48 am


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