Non HOA neighbor planted trees on HOA property

I don't see why it's too late to say something or do something. We have a lot of homeowners that plant trees right smack dab on the property line (which is a little probamatic later on) and folks that plant trees over the utility easements which run in the back of the homes (Cable, gas, and electric). They plant these trees too close to their homes as well. Later on, if it's on Common Area, you'll be incurring the additional expenses of trimming the tree away fromt he house all the time, and in addition, you may run the risk of the tree or it's limbs that may damage the home. Of course, they never call Ms. Utility when then plant as well. You should adopt a tree plan, monitor the plan with an aborist. If the trees are planted over a city easement or utilities, you might want to remove them and/or talk to the city.

I do know that the city is aware of the planting and as far as they are concerned it is improper for this man to have planted on the easment.

Generally on an easement the controlling authority (city, utility, etc.) will never grant permission to plant nor build on the easement but also neither will they stop someone for doing so and rarely (if ever) will they prosecute if someone does so.

They usually just say that if they need accesss to the easement area that they can and will remove anything blocking their access and they are not responsible for replacing such.

My question to the OP is what would be the difference if the trees had been planted on the adjoining property?

Thanks

The HOA is concerned about tree maintenance and who would be responsible if tree(s) fall and damage his or others property. Another aspect I had not considered but was mentioned to me an atty. associate I work with, is adverse possession. He was involved in a case where one person claimed he owned the land he had planted on because so many years passed and rightul owner never complained or asked him to stop.
I believe the best course is to simply ask him to remove them. Second best - inform him that the trees and property belong to us and he has no rights to them. But that makes us responsible for their care, maintenance and removal if city requested it.

Aside from the easement, what else does this property consist of? If the neighbor was to acquire title through adverse possession, what could he do with this property? The easement does not go away, so unless there is more property than what may be an alley there would be little incentive for him to take that route.

My understanding is that to acquire title by adverse possession that there must be continued and open occupancy or use of the land. Planting some trees once would not likely qualify. Planting and harvesting crops year after year would.

If this property consists of nothing more than the easement, let the neighbor take possession. Your problem will be solved.

KP, its really really simple, have the HOA attorney send the homeowner a letter stating he planted on HOA property and he has X number of days to remove them or the HOA will and seek reimbursement of all costs associated with their removal.

KP,

Other than not getting permission, is this really a major issue?

One option is to send a letter specifying that he and all future home owners are responsible for the upkeep and any liability associated with the trees Additionally it should be asked if he also failed to get permission from the city to plant the trees as this is a city easement and if the city requires that they be removed that he, or a future home owner, will be responsible for any costs associated with the removal that may be charged to the Association (as it is common area).

OR he may remove them.

KP

How far off the property line are these trees planted?

Thanks

The neighbor in question requested permission from our HOA to plant the trees several feet from his fence but on the HOA side and the HOA said no, he should plant them in his own yard on his side of the fence. He did it anyways. They are 4 small (4 t.) spruce trees now. The HOA spends a lot of $ on tree mitigations as we have lots of them and lots of snow as well. As a matter of fact one large tree fell into his yard a few years ago and we paid for then fence repair. To me the biggest factor will be that the city may ask for them to be removed at anytime, now or years from now and as it stands now we would be repsonsible. Better to solve this now while trees are easier and lest costly to remove.

Year ago, a neighbor had planted trees on my property. This had nothing to do with an HOA. I did not know the trees were on my property until I had my property surveyed. That's when I found out. I discussed this with my lawyer and he told me what to do.

I sent a letter (certified, return receipt) to my neighbor informing him that the trees were on my property, and therefore were my trees. However, I would give my neighbor 30 days to remove the trees without penalty. After that time, if he attempted to remove my trees I would sue him for destruction of my property.

He promptly removed the trees.

Is this really worth a huge battle and legal fees? It's four small trees to block the view of a fence. Unless it changes the "complexion" of the neighborhood, there should be other fish to fry. Laws should determine who is responsible for a fallen tree. In NC, I think where the tree falls, the person owning the land holding the tree cleans it up and vice versa. There's no gross negligence.

I bet there are easement violations all over many neighborhoods if you look and if you don't like your neighbors.