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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. (...
user6726's user avatar
  • 215k
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 ...
Viktor's user avatar
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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 ...
user6726's user avatar
  • 215k
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 ...
Dale M's user avatar
  • 213k
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 ...
ohwilleke's user avatar
  • 220k
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 ...
user6726's user avatar
  • 215k
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 ...
feetwet's user avatar
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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.
ohwilleke's user avatar
  • 220k
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 ...
ohwilleke's user avatar
  • 220k
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 ...
ohwilleke's user avatar
  • 220k
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 ...
user6726's user avatar
  • 215k
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 ...
ohwilleke's user avatar
  • 220k
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 ...
phoog's user avatar
  • 37.8k
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 ...
Dale M's user avatar
  • 213k
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 ...
user6726's user avatar
  • 215k
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 ...
user6726's user avatar
  • 215k
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 ...
Dale M's user avatar
  • 213k
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 ...
user6726's user avatar
  • 215k
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 ...
JBentley's user avatar
  • 8,310
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 ...
o2h2o's user avatar
  • 304

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