What are my rights if a neighbor cut trees out of our soon to be house without permission?

Nathan Smith
Home Buyer
28216

We were in the area of our soon to be house and decided to drive by. When we got there we noticed five trees had been cut out of the front yard. One of the trees was a mature tree that provided shade for the house and front porch. I talked to my agent and she found out from the selling agent that a neighbor said he went over and did some "pruning". Pruning doesn't involve a chainsaw. What are my rights here since the house technically isn't mine yet but it is under contract and we are suppose to close in a few days?

Answers (4)
Mike Carpino
Broker
Huntersville, NC

I would work through your agent to have contact either an attorney or the seller agent. Your agent should be able to get you an answer. Unfortnately that will not bring back your mature tree.

Tue Oct 13 2009, 08:24
Cathy Lynch
Agent
Mooresville, NC

Call your attorney and discuss this with him and have him talk to the sellers agent or the sellers.

Tue Aug 25 2009, 20:09
Daniel Eberwein
Agent
Clayton, NC

Nathan - you have no rights against the neighbor, as the house isn't yours. You may have rights against the seller, because the contract calls for the property to be in the same condition as when you made the offer. You are best to consult with the attorney handling the closing and discuss what your options are. If this is a foreclosure and the seller choose the closing attorney (which is common with foreclosures) then you are best to consult with your own real estate attorney regarding this. It really comes down to how concerned you are with the trees removal, and what it would cost to replace those trees with comparable trees.

Good luck.

Daniel

Web Reference: http://www.tri4sale.com
Tue Aug 25 2009, 10:26
Rose Cramer
Agent
Denver, NC
FIRST ANSWER

You should have your buyers agent review your Offer to Purchase Contract.. Trees should not be removed because they are not in removable containers. You should have rights on this one.. Work thru your buyers agent.. That is what she is for. Good luck

Tue Aug 25 2009, 10:16

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