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Property Boundary / Easement — neighbor's tree damaging my property

Started by throwaway_parent_2026 · Feb 2, 2023 · 961 views · 9 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
TP
throwaway_parent_2026 OP

Has anyone dealt with something like this? I'm not sure what my options are.

neighbor's tree damaging my property. I've been dealing with this for about 6 weeks now and the situation isn't improving.

I have been renting for 7 years. My monthly rent is $1,176. We are on a month-to-month now.

What are my legal options here? Is it worth pursuing?

RJ
RE_Attorney_James Attorney

I practice in this area. Here's my take on the legal issues.

There are several legal theories that could apply here. The strongest is probably the implied warranty of habitability, which requires showing uninhabitable.

The practical consideration here is cost vs. potential recovery. For disputes under $10K, small claims court is often the best route.

RM
RestaurantOwner_Miami

I went through almost the exact same thing.

In my case, it took about 3-6 months to resolve. The key was having everything documented.

TP
throwaway_parent_IL

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

TF
TechStartup_Founder

Not a lawyer, but I have direct experience with this.

What worked for me was hiring an attorney to send the initial letter. It took 2-4 months but was worth it.

HC
HRManager_Chicago

I've dealt with this before.

I ended up filing with the appropriate government agency, which cost about $4-8 but saved me a lot more in the long run.

TS
throwaway_student_today

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

DS
DevOps_Seattle

Been there. Here's what I learned.

What worked for me was escalating to a supervisor/manager. It took 1-3 months but was worth it.

TF
TechStartup_Founder

Been there. Here's what I learned.

The biggest mistake people make in this situation is escalating to a supervisor/manager. I'd recommend following the formal complaint procedure instead.

DN
DataPrivacy_Nerd

I've seen this play out several times in my field.

The biggest mistake people make in this situation is escalating to a supervisor/manager. I'd recommend following the formal complaint procedure instead.

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