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What are tree disputes?

On Behalf of | Dec 28, 2022 | HOA Law |

When sharing common property lines with neighbors, discussions about the responsibilities of maintaining trees along the line will often crop up.

These trees can unfortunately sometimes blossom from moderate problems to major ones, especially if encroachment issues occur.

Defining property encroachment

The Homeowners’ Protection Bureau discusses guidelines to understand encroachment issues in communities with an HOA. Encroachment issues occur when a part of something on one person’s property begins to encroach into another person’s property.

First, these disputes might cause property lines to get redefined. The HOA will often step in to examine property lines, redraw them and review the deeds if necessary to see who holds responsibility for a tree once it crosses over a fence line or hangs down over another person’s property.

Creating rules with encroachment in mind

Most HOAs fortunately pen their rules with the notion that they must make the distinction of property lines and encroachment issues clear. This can include who holds responsibility for the upkeep of communal plants and who can take action to alter the plants.

Having these clear guidelines can go a long way to help resolve disputes before they even start. The HOA can also pre-determine potential penalties for people who do not listen to the guidelines and create encroachments by unlawful planting of trees.

Working out disputes

Finally, the HOA can encourage and facilitate open communication. When homeowners have an issue revolving around trees, it is possible for these homeowners to work through the problem on their own. This can help avoid escalation that typically leads to bigger and more expensive problems among disputing neighbors.