Seller disclosure: tree

3 Replies

My neighbor and I have had an ongoing dispute. He repeatedly trespassed on my property (documented with pictures, etc.) and I called the police on him when he refused to move his guests vehicles out of my driveway that were parked there without my permission when he was throwing a party. His landscaper also damaged my property. Days after these incidents he texts me that my tree is leaning towards his house. I compare to the picture of the house from 10 years ago and it looks the same. He then hires an arborist from 100 miles away with 6 months of experience to come and say the tree is a risk...Sends me this via certified mail. Strangely enough the previous owner told me that when she wanted to cut the tree down the neighbor asked that it not be removed because his kids use it to play. Am I required to disclose this considering this is retaliation and the guy clearly shopped for an arborist that is just starting out from far away (live in Seattle....come on....plenty of arborists in the city...) to say what he wanted him to say?

There is no tree question on the form

Unless there’s some local ordinance about trees, the tree is on your property and they can’t make you do smithing with it.

If it’s leaning over the property line, they can typically cut the part that’s on their property.

Sounds like he just wants to get under your skin. Get your own tree guy to have a look. Don’t tell him the whole story, just ask about the tree. A good arborist will tell you maybe a few branches can be removed, but looks healthy (assuming it is). Get a quote from him and keep it for the future in case someone happens.

Otherwise stay away from him - and ignore his attempts to get a rise out of you. Fighting will just make it worse.

Originally posted by @Mike McCarthy :

Unless there’s some local ordinance about trees, the tree is on your property and they can’t make you do smithing with it.

If it’s leaning over the property line, they can typically cut the part that’s on their property.

Sounds like he just wants to get under your skin. Get your own tree guy to have a look. Don’t tell him the whole story, just ask about the tree. A good arborist will tell you maybe a few branches can be removed, but looks healthy (assuming it is). Get a quote from him and keep it for the future in case someone happens.

Otherwise stay away from him - and ignore his attempts to get a rise out of you. Fighting will just make it worse.

Great advice. And yes, I offered that he can cut down what he wants at his own expense. That's when he sent the certified letter instead. He's just a huge douche. That said, is it something that has to be disclosed? 

I don't know what there would be to disclose?  Most states don't have "is your neighbor a douche" question on their disclosure forms.

Unless you're aware of something actually wrong with the tree, I can't imagine you need to mention it.

*Note that I'm not a lawyer nor do I play one on tv.

Free eBook from BiggerPockets!

Ultimate Beginner's Guide Book Cover

Join BiggerPockets and get The Ultimate Beginner's Guide to Real Estate Investing for FREE - read by more than 100,000 people - AND get exclusive real estate investing tips, tricks and techniques delivered straight to your inbox twice weekly!

  • Actionable advice for getting started,
  • Discover the 10 Most Lucrative Real Estate Niches,
  • Learn how to get started with or without money,
  • Explore Real-Life Strategies for Building Wealth,
  • And a LOT more.

Lock We hate spam just as much as you

Join the Largest Real Estate Investing Community

Basic membership is free, forever.

By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.