Legal Question in Real Estate Law in Pennsylvania

My renter neighbor recently cut down one of my trees. The tree that the neighbor cut wasn't in the best of health. The other day, the neighbor came over to ask if it would be alright if he cut down two more trees, if they could fall onto my property. I was at work at the time and he told my wife that he would return to speak to me about it. After a week of waiting, I went to the neighbor's and explained to my neighbor's wife that the tree that her husband cut down belonged to me and to please not cut anymore trees down. The neighbor's wife apologized and said that the landlord informed them that his property extended approximately 10-15 ft. into mine. I asked for the landlord's phone number to inform him of the situation. The neighbor's wife said she would send her husband over to apologize and he would furnish the number. I haven't heard from the neighbor's for over a week now, and I rarely see them outside anymore. As the tree was in the vicinity of the property line, I am in the process of having a professional survey performed to support my claim. I had no intention to sue over the matter as I get along with all my neighbors and don't want to create any "bad blood", but I am growing increasingly uncomfortable with the lack of communication on my neighbor's part concerning the matter. To make matters worse, I am pretty sure that the neighbor's shed is located approx 2 ft. over the property line into my yard. This will obviously come out following the completion of my survey. So having said that, "Who is responsible for the loss of my tree, the renter or the landlord?" "What legal recourse do I have with regard to the tree damage and the shed?"


Asked on 11/21/10, 6:22 am

1 Answer from Attorneys
Miriam Jacobson Retired from practice of law

You could send a letter via Certified Mail, Return Receipt Requested and via regular mail to your owner neighbor and to the tenant who lives next door, letting them know that they cut down your tree without your permission and should not cut down any more trees.

Once you have the survey, you may send a copy of it to the owner and the tenant, explaining where the property line is and if any of the trees or the shed are over the line onto your side.

You should also consult a local lawyer to find out if you should take any further steps, and what you should do if the neighbor does any more trespassing and destroying trees etc. on your property.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 11/26/10, 6:49 am


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