What would you do in my shoes? Neighbor dispute

Question

Hello, I’m a somewhat new investor and could use any advice you’re willing to offer for my second house flip. Here is my current dispute with a neighbor

* My neighbors tree is damaging my property and she refuses to cut it down even if I pay and also refusing to cover any of the damage it’s caused. She is now demanding I offer a contract saying I’m liable for removing the tree if it dies in the near future after cutting its roots*

The Damage:

1) Ripping my(bordering) fence out severely. 2)Tearing up the asphalt slabs around my pool. 3) Would’ve soon dug into my pool/plumbing

I’m aware that she’s responsible for the damage and removing the trunk that’s causing damage but being new and wanting to detour any conflict, I took my contractors advice with the option to just cut the roots and put the new fence around the tree somewhat, to which my agent has now expressed concerns about the roots just coming back in the future to damage things again. My contractor brought a tree specialist who said we could cut the roots and allow the tree to live and she states she had no heads up on the plan but my contractor said he informed her. The neighbor has now demanded I offer a contract saying I’m liable for the cost of the tree if it dies and when I explain the logic of the situation, she refuses to compromise whatsoever and not realize what all I was allowing to slide by to begin with. She stated she’s not willing to help me because I am a flipper. My agent advised I give a written notice of the damage, request to remove the tree, and to pursue compensation for the damage if she continues to refuse any type of compromise.

My question:

I expect to be done with the renovation in the next few weeks and put the house on market. In my shoes would you take the time to use the city to enforce any type of removal of the tree and pursue compensation for damages? Or just put your fence around the tree to figure it out quicker but potentially causing just another problem later down the road for whoever purchases my house?

Jason Wray · Answer

Gavin,

If it was me and I already tried to have an adult converation with the neighbor and it failed.  I would either hire a tree guy or I would cut all tree limbs and dig up the roots on my side cut/kill them and fill it all back in on my side.  They cannot stop you from cutting tree limbs or roots on your legal side of the property.

Rick Albert · Answer

On the surface I would trim back what's on your property and call it a day. I wouldn't offer anything in the form of a contract. Even if you sign a contract, you are selling it anyways and would be void unless it is transferable.

But the reality is I would consult an attorney and here's why:

You are running close to a disclosure issue when you resale. In California, there are questions on the disclosures regarding neighbor disputes and lawsuits. If I'm a buyer and see that there are issues that could affect me, I would run.

Christian Maluo · Answer

I agree with Jason. Anything on your side is yours to choose what to do with. You own the land to the center of the earth and the top f the sky. Is the tree diseased? A hazard? What are your local laws on tree removal? Is it a protected tree? Is there an HOA? I would deal with it well now, because crazy tree lady will come through the open houses. She'll walk by as the new owners are moving in... and tell everyone about the tree situation. Nip it in the bud now. Get the laws behind you first.

Gavin Kytl · Answer

Thankyou everybody for taking your time to help me! I’ll post an update here if I get a decent resolution.

Matthew Paul · Answer

You dont need her permission or approval to cut what overhangs your property . Same with roots , you can root prune up to the property line .

Now check your local laws first just to be sure .

You bought the house with the roots already there , I dont see how the neighbor would be responsible for damages .

When you do it take video and post to you tube , it could go viral

Sami Gren · Answer

@Gavin Kytl  Great question!

First, I’d definitely recommend speaking with an attorney to ensure you’re not unknowingly stepping into a larger legal issue.

Then, I’d suggest having a respectful conversation with your neighbor—not necessarily to resolve everything right away, but simply to help keep things peaceful while you go through the selling process. The goal is just to avoid any added stress or conflict during this time. You should let the buyer know that you plan to address the issue before closing.

Wishing you a smooth sale!

Theresa Harris · Answer

I'd talk to the city and find out your local laws.  In some areas, you can cut down any part of the tree that is on your property.

What would you do in my shoes? Neighbor dispute

Most Popular Reply