Legal Question in Real Estate Law in Virginia

Neighbor's tree causing damage to my deck and fence

I live in a townhouse complex where my backyard is covered completely with deck and surrounded by a fence. My neighbor has a tree which has grown to the point where the bottom of the trunk has now pushed up on the deck and warped the wood, along with causing the fence to seperate. Since part of this tree now exists on my property and is doing damage, I'm wondering what my rights are. Can I remove the tree? Can I require the neighbor to pay for removal of the tree?


Asked on 5/24/06, 3:40 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Neighbor's tree causing damage to my deck and fence

You should contact your neigbor about removing this intruding tree and for the payment of the costs of repairing the damage to your deck and fence.

If the neighbor refuses, you are then looking at filing suit in either small claims court to

recover your damages(if less than $2000) or possibly a suit in the general district court for damages as well as for the abatement of a private nuisance(the tree).

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Answered on 5/24/06, 7:16 pm


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