Legal Question in Civil Litigation in Virginia

Re: Neighbor's Tree

That is actually a very serious problem and the best advice anyone can give you under the circumstances is to consult an attorney. The free advice you may be able to get online is not going to be enough to get this neighbor to act. Basically, your options at this point are to cut down (or cut back) the tree yourself (or to hire someone to do it) up to your property line, or to demand that your neighbor do it himself, at his expense. Virginia law will likely consider the encroaching tree to be a "nuisance" in that it poses an imminent danger of actual harm to your property. If your neighbor won't act, you may be able to get a court injunction directing that he cut down the tree to protect your property. If you are in the Northern Virginia area, I would be happy to help you with this if you want to give me a call.

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. This post does not create any attorney-client relationship and is not protected by the attorney-client privilege.

Re: Neighbor's Tree

Your best option under the circumstances described likely involves your hiring a professional tree trimmer to cut this intrusive tree back to your property line and then suing the neigbor in small claims court for reimbursement of your expenses(up to 5K). (The foregoing assumes that this neighbor continues to behave in his previous unneighborly manner and to ignore your requests that he take action to abate this dangerous nuisance.)

Re: Neighbor's Tree

As you are concerned about this, you should consult and/or hire a lawyer about sending a letter for you. Good luck.