Property lines, buildings vs. trees?

I think all you can do is trim back any branches that actually cross over your property line.

There might be a law about trees that will cause property damage. If those trees tend to have long roots, then maybe you can argue the root system will likely mess up the foundation of the garage. Here’s the rub. If you built the garage without getting the permit, you will be allerting the municipality that you have a structure without a permit. I’m not assuming that is what you did, just letting you know since you built on the property line. Usually structures are built inside of the line because typically there is an easement of some sort, but not always.

You can call the city or country, whichever pertains to you, and see what recourse you might have, or ask a real estate lawyer if there is anything you can do. A realtor might know also, but if you need action taken the lawyer would be the one to do it on your behalf if you don’t try to do something yourself once you learn of there is a law to help you out.

Talk to your insurance agent, in my state they would be responsible for any damage those trees do to your garage. It may be different in your state.

I agree with all of the above. I would contact my town/county government for advice and code information. I would contact my insurance agent. And I would let my neighbors know that I am concerned about the safety of my garage on the property line so close to their recently-planted trees. I would inform them that I will be pruning any branches that cross into my property for the safety of my garage and that if any damage occurs due to the trees and their proximity, that they will be responsible for the bill. Firmly but politely and with a cupcake, of course.

Take lots of pictures and document everything.

First step, contact your towns building code and enforcement department. They will be able to tell you what is required, send out someone to take a look etc. I would not worry too much about whether or not the garage was permitted if it was built in 1951. The house has probably changed hands a few times which means that a plat or survey was generated and, even if the structure was over the property line or in an easement it probably met code or was grandfathered in.

I found this on line that might give you some leads as to where to begin and how to proceed: “What is self-help?
Property owners in every state have the right to trim the branches or roots of a neighbor’s tree that encroach onto their property, up to the property line, at their own expense. This right is called “self-help.” Self-help is an alterative to going to court. The rationale is that self-help prevents the wasteful use of the court system to resolve comparatively minor disputes. It’s a trade-off: you have the right to cut and remove the encroaching branches or roots of your neighbor’s tree, right away, at your own expense (i.e., use self-help), instead of having to hire a lawyer, start a lawsuit, and wait for the courts to sort it out. Using self-help saves you time and money, and keeps the courts from settling disputes between neighbors. In Minnesota, you have the option of using self-help OR going to court, when using self-help is not practical or reasonable. In most other states, self-help is the exclusive remedy.”

Evidently, and I would verify this locally, you can even cut the roots where they penetrate into your yard. This might cause damage and possibly even death of the tree but there ya’ go.

Good luck and keep us informed.

Here is a site that addresses problems cause by trees and possible legal ramifications. BUT, before you do anything, know what your state laws are.

It might turn out that you actually have to move the garage, if it is built illegally close to the property line. Where I live, there is a 5 foot setback requirement.

Our new neighbors were unhappy about the bushes along our fence, causing problems with their pool, but they couldn’t do much, because the pool is built two feet from the property line, so they would have to remove it it the authorities found out.

They ended up paying to remove my bushes and build a very good, strong fence in place of the crummy old one.

I have Arborvitae close to a neighbor’s fence and they’ve never caused a problem.

Ido think that they are allowed to plant what they like on their property and your best recourse is to trim the branches on your side. If your garage is against the zoning laws, as others have said, it would not be good to raise the issue.

If you have your survey from when you bought the house it should show if the structure is over the easement line or not. Assuming there is an easement there. Or, if there is some sort of setback required.

Yes, you need to see what the status of your garage is before you make any complaints. Yes, if it was built 62 years ago, it might have been legal at the time. But you don’t know that till you check. New rules might have made it illegal since then. Just make sure you’re not vulnerable before you do anything else. You can find out by just calling the county planning department, no need to hire anyone.
Aside from that, whatever the foundation of your garage is, you need to know for sure if roots from their trees will harm it. In 1951
lots of people just built garages on log foundations. Those would be rotting by now and vulnerable to roots.