Legal Question in Real Estate Law in Virginia

Encroachment

Adjoining property owner planted border trees on our property. Since we were not sure where the property lines were, we paid to have a survey of adjoining line. They have clearly planted three small trees well on our property.

I have written to the adjoining property owner 3 weeks ago. There has been no response. We would like him to move those trees onto his side of the property. What recourse do we have? Can we just pull the trees out and lay them onto his side of the property? Should we seek legal action? Can we recover the cost of the survey?

Thanks in advance for your advice.


Asked on 12/01/04, 6:37 pm

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

Re: Encroachment

Why not drop by the home of the adjoining property owner when he's home and have a little chat about the matter in order to determine his intentions regarding the trees? (Afterall, if he's planting trees, he must spend at least some time at his abode). Assuming that your survey is correct regarding the property line, you can then let him know that you want the trees removed by a date certain and if he fails to remove them then you will arrange for it to be done.

And then, if necessary, you may proceed to do so.

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Answered on 12/01/04, 7:03 pm


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