My neighbor below me has just planted a tree that has partially blocked my view.?

Question

When it gets bigger it will bu huge and really block my wonderful view.He does not want to move it.Should I get a lawyer and do I have any recourse?

Answer 1

Sadly, there's nothing you can do as long as he planted it on his/her property, though you can legally trim any branches that cross over onto your property.

Answer 2

Depends on your property line, if it is on your property you do have a right to cut it. If this is a condo, isn't there by-laws about planting, anything? Should have been voted on before it was planted. If this is an Apt. then the property where the tree is planted is not owned, it is common element, just like a condo, and it will have to be removed unless that person has the proper written permission to do this. Before retaining a lawyer, which can be costly, do a little more research on your own first.

Answer 3

dear friend,

do u think that a tree is worth spending the money lawyers ask for these days to take up a case. why waste hard earned money on a tree when you have the big wide world of Internet available to help.

Hiring a lawyer for minor legal problems can be expensive, but there are websites like LawGuru, FindLaw and other places where you can get free legal advice. I found this website useful - http://www.uelp.org/freelegal.html

Answer 4

I do not think you have any recourse. There is no right to a good view unless you have a "scenic easement" agreement.

Definition of Scenic Easement :
A stipulation on the title to a property that will preserve it in an undeveloped or natural state.

For instance: John owns land at the base of the foothills. Larry purchases a lot that sets between John and the base of the closest hill. To preserve his view of the foothills, John can purchase a scenic easement to Larry's property. This will prevent Larry from development that would obstruct John's view.

Answer 5

I think you may not have any legal grounds in this case but you can negotiate some sort of deal with him such as your willingness to bear the cost of the removal of the tree and such. My sister has a wonderful house by a rive and she has similar problem with the neighbor's trees blocking her view but she has not been able to resolve the problem. I have thought about poisoning those trees but it's illegal and I don't think my sister will go along with me in any such devious plan either!

Answer 6

If it's on his property, I don't think you have any recourse. It's his property, he can do what he wants with it, as long as he's not violating municipal code.

As the saying goes, "If you buy property for the view, make sure you buy the view, too..."

Answer 7

If it blocks your view for driving out of your driveway you can have it removed, but other than that you would have to ask a lawyer.

Answer 8

Yes, you will need a lawyer. Do not poison or cut that tree yourself. It would be considered trespassing and damage to private property.

Answer 9

Well if he has it on his property there really is nothing you can do except hope that he changes his mind. If its on public property or no ones property or if branches our touching your side of land you can get a lawyer. Good luck.

Answer 10

yes get an attorney. He shouldn't have the right to plant a big tree that will grow right in front of your window. What an a$*

Answer 11

There is no "right" to a view. Your land rights exist to the ground you own and to the sky above (to a limited degree), but not to a view from your property.
Why not sneak into his yard one night and poison the tree? Heehee!