26
votes
What can I do if neighbor is blocking my solar panels intentionally?
Maryland has no law requiring a neighbor to not plant / trim trees that might shade a solar panel (on the ground or on the roof). There are laws against deeds, declarations, covenants, contracts etc. (...
- 210k
15
votes
What can I do if neighbor is blocking my solar panels intentionally?
I am not a lawyer. I do not fully know of the current case law or climate of this type of law in Maryland. The cause of action you are looking for is private nuisance.
“Section 821D of the ...
- 3,568
10
votes
Accepted
What can I do about this tree?
There are a number of rules related to trespassing vegetation, reviewed in Lane v. W.J. Curry & Sons, 92 S.W.3d 355. Virginia law was set in Fancher v. Fagella, 650 S.E.2d 519, that
encroaching ...
- 210k
6
votes
Tree parts (leaves, twigs) naturally falling into neighbor's yard
At common law, no. Statute law or the homeowner's rules may change this.
At common law a neighbour is entitled to trim overhanging foliage up to the property line at their expense. Technically, they ...
- 198k
5
votes
Neighbor trees' shade impact solar panel production?
It isn't precisely clear which jurisdiction you are located in (recall that this website handles matters from everywhere in the world).
But, generally speaking, in the United States, you have no ...
- 195k
5
votes
Accepted
What is the law that requires Vancouver residents to pay for non-replanting of trees?
In Vancouver, this provision is part of the Protection of Trees Bylaw 9958. The requirement for replacement trees is in Section 6 (PDF).
In Toronto, trees are regulated under Section 813 of the ...
- 29k
4
votes
Solar shade act in CA
The Act requires that
After the installation of a solar collector, a person owning or in
control of another property shall not allow a tree or shrub to be
placed or, if placed, to grow on that ...
- 210k
4
votes
Accepted
Who is responsible for getting the tree removed?
I've gone through this enough times in Pennsylvania to paraphrase the law in this state: If a tree falls it's nobody's fault, unless the tree's owner was given credible advance notice that the tree ...
- 21.7k
4
votes
The trouble of White Oaks in the neighbor's yard
There are no rights to a view or sunlight at common law, and the fact that Charles is his predecessor in interest makes that even more clear in this context.
- 195k
4
votes
Accepted
Can the council cut down a tree I plant on common land?
Can the council cut down a tree I plant on common land?
Yes.
When you plant a tree on common land, you are making a donation to the commons and the tree is no longer yours. The fact that it is common ...
- 195k
3
votes
Storm damage to tree
Not necessarily.
Many jurisdictions prohibit admission of evidence of subsequent remedial acts to show liability, although it could be admitted to show that it was possible to do something.
Also, the ...
- 195k
3
votes
Neighbors tree starting to lean towards my house
You might suggest that the neighbor consult with their insurance agent, in case the insurance policy does not cover liability from damage caused by standing trees, especially when the policy holder ...
- 210k
3
votes
"Minimum legal distance" between neighbor's property line and a plant of woody trees
Usually this answer would be provided by a local government land use ordinance, and not by the constitution, national law, state law or common law caselaw rules.
It would vary considerably from place ...
- 195k
3
votes
Who is responsible for getting the tree removed?
You haven't said where this is. In jurisdictions I'm familiar with, property owners are responsible for trees on their property, so your neighbor is responsible for the tree and any damage it may ...
- 35.2k
2
votes
Accepted
Do I recover legal cost if I win a long hedge trees UK court case?
Cost recovery law is complex and there is no simple "yes" or "no" answer to your question. In the County Court, High Court, and Court of Appeal (Civil Division), the governing law ...
- 6,315
2
votes
Can I pick off the fruit from a plant that another resident of my building has placed and maintained in our building's common courtyard?
No.
The fruit of a tree belongs to the owner of the land it is planted on1. As this is common property it belongs to all the owners.
1. Or in some states, like California, the owner of the land ...
- 198k
2
votes
Accepted
Are you guilty of swamp busting, if you remove non-productive trees for productive ones?
Guilt is a concept of criminal law. In this case, if you do the prohibited thing, you are ineligible for certain USDA benefits. Under 7 CFR 12.4(a)(2-3), triggers include producing an agricultural ...
- 210k
2
votes
Tenant responsible for removing a tree he planted in a rental property?
What does the lease say?
If the lease is silent on the matter then the tenant has the right to remove fixtures (like a tree) but is not obliged to.
However, a tenant only has the right to add ...
- 198k
2
votes
Accepted
Can I compel my neighbor to remove or relocate a tree that completely encroaches my property?
The only way to compel a neighbor to do something is to sue him and get the court to use force. In order to succeed in your lawsuit, you need to show that you have been harmed (annoyance/nuisance does ...
- 210k
2
votes
Accepted
The trouble of White Oaks in the neighbor's yard
In Medina WA, there is an ordinance designed to deal with view squabbles. Max, however, came to the nuisance. The Medina ordinance only provides a remedy to restore a view / sunlight that existed at ...
- 210k
1
vote
Accepted
What can I do to protect myself if someone gets injured on my property?
In Chapter 14, Part 2 of Utah Code, it states,
an owner of land owes no duty of care
to keep the land safe for entry or use by any person entering or using the land for any recreational
purpose or to ...
- 304
1
vote
Is it legal to plant lots of trees and plant in an unoccupied lot?
Have I violated any laws? Or do I have rights to use a neglected lot in that fashion?
Probably. No.
I am unfamiliar with Philippine law; I do not even know if it is common law or civil law based, so ...
- 198k
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