Trees, Smoking, and Other Neighbor Troubles: What’s a Homeowner to Do?

They say good fences make good neighbors. Perhaps we could add shrubs or trees, too. Fences and trees can helpfully separate one residential property from the next. Their presence can make boundaries obvious and clear-cut.

Then again, their helpfulness depends on how homeowners personally experience them. Hedges or fencing can be poorly placed, making property lines questionable. And they occasionally raise questions about who is responsible for what maintenance, and when.

And these are not the only features that create boundary issues for homeowners. Plus, boundaries don’t stop air quality issues caused by your neighbor’s habits.

Let’s take a look at some frequently cited causes of…neighbor troubles.

Hazardous or Dead Trees on Property Lines: What to Do

If your neighbor’s tree is a hazard for you, say something as soon as possible. Put your neighbor on notice. Then, if your lovely new patio furniture gets mangled by a tree bough, your neighbor will probably need to cover the damage and the cost of tree removal. Check your state’s law to verify applicable legal provisions.

To prevent a mishap, you may hire a tree company to sever the bough overhanging your property. Your neighbor has to reimburse you, if the neighbor reasonably should have known the tree was hazardous. But if the bough hits your property unpredictably, the clean-up is on you. State law might even tell you that your neighbors get to take back their fallen wood. What’s more, laws generally prevent tree work that damages a neighbor’s tree.

What if it’s your tree overhanging the boundary? You can remove or trim it without your neighbor’s go-ahead, but if your tree work damages your neighbor’s property, you’re on the hook for costs.

Finally, what if a dead or hazardous tree is right on the property line? Then it (and the maintenance duties) belong to you both, jointly.

Bored Ash: Why Trees Are the Talk of the Town

There are nearly 9 billion ash trees on our continent, and most of them will be gone in the next few years. Why? People are trying to eliminate the emerald ash borers.

The larvae of these pretty little beetles eat out the ash tree (and the Missouri native fringe tree, and some other trees, too) under its bark. Once the presence of emerald ash borers is confirmed, a tree will have to be removed before it becomes hazardous.

No, pesticides will not work on ash borer beetles.

A dying tree can dry out and begin to fall down in just a year and a half after infestation. A large, heavy ash tree, once it’s dead, may need a crane to remove. Therefore, the best policy is to act quickly — as soon as an infestation is spotted.

Set aside some time to learn about your trees. It’ll make you a better neighbor. And it could save you a lot of money in the long run.

When Fences Don’t Make Good Neighbors: Resolving Boundary Disputes

Property owners should agree to split repair and maintenance costs for fences or boundary walls. And they should agree — in advance — on when and how they’ll share the work.

If you disagree on where the boundary line is, check the property description on the deed. In some cases, deeds may contradict each other.

☛ In some states, like Texas, a neighbor can claim legal title to part of your property by adverse possession — by continually and obviously using the area as an owner would.

You might need to consult a surveyor. A new title search should bring up any claims or easements, and shed light on what has occurred on the disputed area in the past.

With a new appraisal, you’ll know the current value of the disputed area. This is critical for settling your differences if one of you winds up paying the other for the disputed land. Indeed, knowing the value of the area could lead to an amicable agreement between you without even bringing any lawyers into the matter. Maybe it’s just not financially worth it to go to court over the conflict.

Irreconcilable Differences: Sending a Demand Letter to Your Neighbor

Can’t work things out? You might need to set up a consultation with a local attorney.

If a legal expert determines your case is strong, a demand letter on law firm letterhead might persuade the offending neighbor to take corrective action. The legal expert will guide the sharing of information and documents that make your rights evident. A good lawyer will want you to be transparent, and open to a mutually satisfactory resolution.

That said, once an attorney sends a demand letter on your behalf, expect the other party to lawyer up, too.

The next step is circuit court, and a case to quiet the title. That means the court will make an official, binding determination about the legal ownership of the disputed area.

Most land disputes never get to trial. Most settle — sometimes through mediation. Settlements involve compromise, to divide the disputed area in a workable way. They often involve a payment to the land owner who gives up a claim to a disputed area.

When Secondhand Smoke Is the Matter: Whose Rights Count: Smoker, or Nonsmoker?

Tobacco contains nicotine, which can lead to addiction. Most smokers want to quit, and many are actively trying.

As difficult as quitting may be for the smoker, a legal right to smoke does not exist. That’s because the health of nonsmokers takes priority.

As more people move into condo properties, questions arise over how nonsmokers can live peaceably near cigarette smokers. The question has led to plenty of legal actions, based on nuisance laws, rights to peaceful enjoyment of property, and various tort law cases.

Court cases are mixed on the question. But smokers may be able to get satisfactory compromises from their homeowners’ association (HOA) boards.

Sometimes, groups of nonsmokers have managed to obtain smokefree policies, at least in common areas, by amending their condo properties’ conditions, covenants, and restrictions. Some have gone further, and organized new local ordinances to curb smoking in shared settings.

☛ Do people lose freedom of expression when they buy condos? Learn more here.

Securing a Smokefree Environment: 6 Steps Condo Owners Can Take

Condo owners own the space inside their units, and have shared rights in the common areas of their properties. Condo owners have rights to a safe, nuisance-free environment. And walls don’t keep smoke out. Everyone in a multi-unit building shares air.

Generally, the best way to approach the smoking neighbor, for a nonsmoker troubled by secondhand smoke, involves the following steps:

Speak with the smoker. Explain how you’re being impacted and find out if the smoker can take action aligned with your well-being.

Check state law to know what protected rights homeowners enjoy, and in what ways associations can or cannot limit activities on shared properties.

Check local ordinances that apply to smoking in shared spaces, and multi-unit housing. it is legal to deem condos and rentals (indoors, balconies, patios included) smokefree.

Find other unit owners and create a petition and attend HOA board meetings with collective support for making the property smokefree.

Request a doctor’s letter describing the risks of secondhand smoke to your health. Follow up with a written complaint to the board, including the medical letter.

Document when and how often smoke infiltrates your unit. Keep copies of communication with the neighbor, other unit owners, and the association.

Above all, remember that most smokers struggle to stop. Try to hold onto empathy, and stay open to mutually workable resolutions.

We’ll discuss other kinds of nuisances now and then on this blog. Keep coming back! But if you need immediate help, consult a local real estate lawyer or legal services in your area. The articles on Deeds.com are offered as basic information only. They do not substitute for case-specific legal advice.

Supporting References

Kym Pokorny for PlantSomethingOregon.com: Don’t Cut Down That Ash Tree Just Yet (Aug. 9, 2023).

American Nonsmokers’ Rights Foundation via No-Smoke.org: The Smoker Next Door – Handling Unwanted Tobacco Smoke in Apartments and Condominiums.

FindLaw® via FindLaw.com: Neighbor Fence Disputes (Jan. 9, 2023).

Gilbert High, Jr. for the High Swartz Law Firm: Property Laws in Pennsylvania – Pennsylvania Tree Laws | (Jul. 30, 2022).

And as linked.