Legal Question in Real Estate Law in Virginia

Damage to Tree on property line

We bought our house 3 years ago. At the time the house next door was abandonded and falling apart. The existing fence dividing the properties (which had been erected by the other property's owners years before we moved in) was about 2-3 feet into that property to avoid the large tree that straddles the actual property line. Recently, a developer has bought the property and torn down the old house. He has also torn down the fence and intends to build a new one on the actual property line once he has built a new house that he will then sell. Since the tree is on both properties, we said that we did not want it torn down. He agreed that he would leave the tree up (though this was not his original plan), but while digging the trench for the foundation, which comes within a couple feet of the tree, the contractors have done a large amount of damage to the roots. The tree is quite large and old, and may take some time to die-off as a result. My question is, since he will be selling this property as soon as he can, would I have any claim against the present owner should the damage to the tree not become apparent until after it is sold?


Asked on 8/02/07, 11:14 am

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

Re: Damage to Tree on property line

Whatever your claim might be against the developer for damages to your one half interest in an apparently jointly-owned but now likely moribund tree, it would probably not be worth pursuing.

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Answered on 8/02/07, 11:53 am


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