Commercial Real Estate Blog by Madison
Tag Archives: Fancher v. Fagella 650 S.E.2d 519 274 Va. 549

Boundary Trees, Where to Draw the Line….

By Terence Guerriere, Esq., Executive Vice President, Madison Commercial Real Estate Services

In a world where party walls, air rights and subway easements can sometimes make life in real estate somewhat complicated, I took a moment to breath in some fresh spring air and contemplate the beauty of the world around me. I started to focus on a magnificent oak tree, its large spreading branches and its wide trunk, and let my mind wander… to the law of boundary trees, of course!

It can be an innocent act; even a noble one. A tree is planted. Or, a wayward seed floats to the surface from a branch above, lands and takes root. Regardless, with either of these simple acts, a contentious lawsuit can also take root. It likely will take years, sometimes generations, to come to fruition (pun intended). However, one person’s bucolic shade and privacy can become another’s annoyance and nuisance!

So who has ownership of and responsibility for boundary trees, trees that grow on or near the boundary line between adjacent properties? Who has the legal right and responsibility for the removal or care of such trees? Continue reading

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