Disputes Over TreesDisputes Over Trees
Neighbor disputes over property rights have existed in the U.S. for hundreds of years. Lawsuits between neighbors occur when one property owner seeks to eliminate or limit unjustifiable actions of an adjoining landowner. When the actions unlawfully interfere with a neighbor possessory interest or right of full enjoyment,the owner seeking remedies may commence an action in court to recover damages.
Rights of Property Owners: Use and Enjoyment
Property owners have the right to peaceful possession,control and enjoyment of their properties. They can exercise this right to the extent that it does not unreasonably interfere with the enjoyment of an adjoining landownerâs property. Unreasonableness in this context involves conduct that represents an invasion of another landownerâs legal privacy interest. The actions can be intentional,negligent or a reckless disregard to the neighborâs privacy interest in his land.
Private Nuisance Issues
When a property owner interferes with a neighborâs use and enjoyment of his land,it may give rise to a cause of action for a private nuisance. In order to file an action for nuisance,the plaintiff must have a possessory interest in the property to the extent that he has a right to the use and enjoyment of the land. The defendantâs interference must be substantial and unreasonable to establish a private nuisance action. Courts may use several factors,such as the severity of the conduct,frequency,and length of time,to determine whether the defendantâs actions are considered substantial and unreasonable in light of the circumstances surrounding the case. The plaintiff must have endured some sort of harm as a result of the interference to receive damages and meet this burden of proof in court. Here are common types of private nuisance disputes between adjoining landowners.
⢠Loud noises at inappropriate times
⢠Loud noises for extended periods of time
⢠Foul odors coming from neighborâs property
⢠Smoke emanating from neighborâs property
⢠Vapor or gases from neighborâs property
⢠Trees and shrubbery that interfere with the comfortable use and enjoyment of property
Neighbor Disputes Trees: Use and Enjoyment
In certain nuisance disputes,a tree may constitute an obstruction to an adjoining landownerâs use and enjoyment of property. Property owners are held to a standard of reasonable prudence in maintaining trees and shrubs. For example,a tree branch that encroaches on a neighborâs property,such as hanging over the roof,imposing on the driveway,hindering natural light or blocking drainage systems,may give rise to a legal action. When a tree is obstructing the neighborâs view,this interference may create a private nuisance. The intrusion must be intentional or negligent on behalf of the ownerâs property where the tree is located,excluding obstructions caused by unforeseen occurrences and natural causes. Courts consider several factors to determine whether the plaintiff has met the burden of proof of establishing the elements of a nuisance and damages resulting from a tree obstruction. A court may order an injunction requiring the removal or cutting down the tree in addition to monetary damages,if the plaintiff proves an injury or decrease in property value.
Trespass Between Neighbors
A landowner or person with a possessory interest have the right of exclusive possession of property. When the interference or obstruction involves a physical invasion of a neighborâs property,it may give rise to a trespass action in tort law. When a tree encroaches on anotherâs property,the landowner does not have the automatic right to cut down the tree,if the action unlawfully trespasses on the neighborâs property.
Neighbor Disputes Trees: Boundary Lines
When the trunk of a tree exists between two property lines,issues may arise between neighbors regarding the nuisance law and rights of either to cut down all or part of the tree. When limbs or branches hang over a landownerâs property,he has the right to trim or cut down the portion of the tree that doesnât go beyond the property line. The owner may acquire the consent of the neighbor,if the trimming of the tree or shrub creates a trespass on the adjoining landownerâs property.
Even though trees,shrubs and other vegetation add to the aesthetic value of properties and promote health and environmental sustainability,they can be the basis for legal disputes between neighbors. All landowners have the right to the comfortable use and enjoyment of their properties without the unreasonable interference from neighbors. They have the right to the exclusive enjoyment of their properties. With a nuisance action,the plaintiff has the burden of proving the defendantâs conduct unreasonably interferes with his use and enjoyment of the property plus actionable damages,whereas a trespass is established when the neighborâs actions constitute an unjustifiable intrusion.
