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Tree domain

Discussion in 'Tree Climbing, Pruning, Felling' started by TX Easymoney, Aug 6, 2014.

  1. TX Easymoney

    TX Easymoney LawnSite Platinum Member
    Posts: 4,078

    we've got an HOA which recently had a resident demand that the HOA cut down a tree which is hanging across the homeowners fence--pushing on fence. The tree originates from a 'wild', un-maintained area of land//creek, which happens to be owned by the HOA.

    Any of you tree guys have some thoughts on this? whose responsibility is it?

    Ive been told that trees make their own domain hence the HO needs to suck it up and cut the limb.
  2. PaperCutter

    PaperCutter LawnSite Bronze Member
    Posts: 1,943

    there was a court case a few years ago - I think it may have been here in the DC area - where a homeowner was able to demonstrate that their neighbor's tree roots were damaging their foundation, and they successfully sued to have the people remove the tree. Depending on how much the tree on common land is damaging their property, based on this they may have standing to demand the HOA remove the tree at their cost. But I'm really, really not a lawyer.
  3. TX Easymoney

    TX Easymoney LawnSite Platinum Member
    Posts: 4,078

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