Legal Question in Real Estate Law in Pennsylvania

Re: Legal advice on city-owned trees

If you decide to cut down these trees be prepared to be cited and possibly sued by the city. Trees just don't grow to mature size overnight, and you are mistaken, the trees are on City property...NOT YOURS, your property line ends where the sidewalk begins, check your survey or your legal description. In regards to your medical condition...it's called due diligence, next time check out your property prior to buying it...this is something you should have noticed.

Re: Legal advice on city-owned trees

I respectfully disagree with my colleague. You asked if you have recourse where trees located either on or adjacent to your property are a nuisance.

The place where your property ends and city property begins is a constant source of concern. In most instances a property owner owns to the edge of the roadway though the locality owns what is know as a public easement (right of way). The public easement prevents property owners from altering that portion of the property in any manner contrary to the needs of the public. The property owner still owns and must maintain the land. Often the locality will offer some maintainance such as tree work or sidewalk repair. But the homeowner is still responsible for sidewalk maintainance and care of the land (mowing, raking removing fallen branches, shovelling snow).

Here you moved into a situation where due diligence would have helped but you are not necessarily without remedy. You must document not only the type of tree but also the specific allergies of yourself and more importantly your child. If your request is denied you will have a means of appeal. You will be required to have exhausted all administrative avenues and remedies before you can pursue legal means.

There was very recently a case in Connecticut with the exact same circumstances where trees were removed by a locality for exactly the same reason. The city originally balked but the homeowner presented a case and was able to pursuade the city to remove the trees.

You must demonstrate to the locality how it is to your mutual benefit to replace the trees. Showing that you will bear the costs is tremendous. Showing that you will replace the trees will also be beneficial. And any documentation you can provide about the trees will help such as the specific type and their lineage. If the trees are a non-native species then there may even be a need for their removal (conversely you may find they are protected).

The key is to use the system and not get bowled over by it. You may have luck doing this on your own or you may need an attorney. Do stop fighting for your rights.

Call me if you need assistance with this or any other legal matter.

Regards,

Roger Traversa

Phone: 215.279.8940