Legal Question in Real Estate Law in Virginia

I own a townhouse that has a very small backyard. The neighbor's tree has grown so big that it has encrouched into my backyard. It has caused a gapping hole in his fence and pushed it into my yard. I want to sell the property but it has left an ugly mess. I want to put up my own fence but with his tree growing so big it would take up a lot of my already small backyard. What can I do?


Asked on 11/10/12, 5:13 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

You are entitled to have this tree trimmed back to the property between

you and your neighbor's lots. However, if this cannot be done without

damaging the tree, it may have to be destroyed and in the last few years

there is legal precedent for such action in the Commonwealth.

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Answered on 11/10/12, 7:23 am
Michael Hendrickson Law Office Michael E. Hendrickson

Correction: First line should read property "line" between...

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Answered on 11/10/12, 7:42 am


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