town house

Trimming your neighbor’s tree?

“Doug, these trees are wonderful!” exclaimed a client last fall as we drove along Miller Heights Road in Oakton, VA looking for a home to buy.

For those of you from San Diego or Colorado, we have very large Oaks (hence “Oakton”), Maples, Sycamores, and Sweetgums that can give the impression we have forests amongst our manicured suburban landscaping. Many of these trees have grown unchecked for 50 years as Northern Virginia transformed from farmlands to residential subdivisions. And the fall season can be a wonderful site with the trees blazing yellow, red, and orange from late September into November.

Arborists will agree that your trees grow and need maintenance

This brings up the situation of what happens when you need to cut back or trim your neighbor’s trees overhanging your yard?  It is okay to do this as long as you don’t kill the tree and know that any work is at your expense. Just to keep on good terms, it is best to tell your neighbor that your tree guys are going to prune it back. Never assume that your neighbor knows a tree is overgrown or is a nuisance  since they are only seeing it from their yard, and will probably agree that the tree needs attention when they see it from your yard.

Virginia home owners should know that they can still trim back those branches or cut those nasty roots, but if your neighbor’s tree has started to cause more serious structural problems to your house, like aggressive roots that have broken through your foundation or water pipes, then you can take them to court. Yes, lawyers!

Virginia rules for tree trimming

The Virginia Supreme Court’s  ruling in Fancher v. Fagella (9/2007) dealt with a big old Sweetgum tree in a new townhouse development in Fairfax County, VA. These trees grow big, look fantastic, provide shade, are our “breathing buddies”, but also need lots of water. To find that water, they send sturdy roots everywhere. In this specific case, this nice old Sweetgum tree was a holdover from the old farm and was now stuck in between some townhouses.

As it turned out, that old tree continued to grow and impacted the neighbor’s house in search of water. One neighbor asked the other to remove the tree (which probably would have cost $3,000 to $5,000) because of the structural damage being caused by the roots. Well, things didn’t work out as planned and it wound up in the Virginia Supreme Court… and eventually the tree was cut down.

A perfect Virginia shade tree… just in the wrong place

Let me be upfront that I am not a lawyer, but I am a licensed Virginia real estate agent and a home owner who has large Oak trees on my own property. There really isn’t any change here when dealing with the above ground issues of pruning a tree or trimming your neighbor’s tree that crosses your property line. The only emphasis is that you have the ability to go to court if your neighbor’s tree is causing damage to your house such as root damage to your foundation.

If you live in Reston, VA where the Reston Association has guidelines for tree removal, you should know that they require Association approval before work can be performed.

When I was President of the Vienna Commons Association, I would get an occasional phone call from a neighbor complaining about another neighbor’s tree that hung over their yard, was hitting the roof, or dropping fruit in their yard. Back then I would respond that they had the right (in Virginia) to cut back the encroaching portion of their neighbor’s tree that overhangs the property line.

And that policy is still true today, but remember to be a good neighbor and tell your neighbor before the cutting begins. Leave a comment to share your experience trimming a neighbor’s tree.

Read More…

If you are interested in tree issues and want to learn more about the Massachusetts Rule, the Hawaii Rule, the Virginia Rule, Smith v. Holt or Fancher v. Fagella, you can read more in an article by Victor  D. Merullo.

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• Man fatally falls from ladder while trimming tree (mysanantonio.com)
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• Earth Day in Vienna, VA 2010 (dougfrancis.com)

town house

Plumbing nightmares… pumpkin pulp!

Should I be flattered to be considered a voice for plumbers across America?

Well here is this week’s tip from Roto-Rooter Plumbing and Drain Service:

~ watch the pumpkin pulp and seeds ~

It seems that while we are enjoying pumpkin pies upstairs in the dining room with the family,  the pulp that we shoved down the garbage disposal is coating our sewer laterals waiting for more debris to catch. And then, typically on a weekend, clogging up and causing a dreaded back up in the basement. Yes, a plumbing nightmare!

Here are Roto-Rooter’s tips:

	Never put pumpkin pulp or seeds down the toilet, sink drain or in the garbage disposer. The stringy, sticky gunk hardens and clogs drains and disposers. Carve pumpkins on a thick bed of newspaper. Wrap up pumpkin-related materials and throw away in the garbage can or compost pile. Separate the seeds, then roast for a tasty treat. Or grow your own pumpkins by planting this year’s seeds early next spring.

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4587 Derring Lane, Fairfax Virginia SOLD!

SOLD and Settled @ $429,900 in April 2010!

… look at the interior photos! This home is not asking a 3rd party for approval! Not a foreclosure either… super clean and ready to settle by the end of the year!

Mint condition town home located close to Fair Oaks, Fairfax, and some of the best shopping on the East Coast including Wegman’s, Whole Foods, REI, Costco, Target and the Merrifield Garden Center. Walk to an almost new Fairfax County Elementary School (Eagle View), Fairfax County parks and walking trails and so much more.

3 level, rear load two-car garage, almost new condition. 3 bedrooms, 2 full and 2 half baths

All ready to close quickly. But we need to set up a time to see it this weekend… 703-304-6827.

Equal Housing Opportunity!

View Larger Map and settl

town house

It’s Fire Prevention Week, Virginia!

It was a cold, late fall morning as I read the Washington Post about ten years ago. The Metro Section had an article about a couple escaping a burning home on Dominion Way in Falls Church…

I took a sip of coffee. “Dominion Way, don’t I have clients on that street?”, I thought.

“Right, I should call Scott and Jeannie to see if they saw it.”

So I hopped in my car and drove over to see which house it was. It was theirs!

Since then, I have reminded clients during National Fire Protection Week to check their smoke detectors, replace old smoke detectors with new ones that include hall lights, replace 9-volt batteries, make an escape plan, and be careful when grilling or using candles.

The National Fire Protection Association (NFPA) supports all of those programs that your children learn in school or read about during those fire station open-houses… there is probably one in your community this weekend and you should stop by and get some fire safety tips or suggestions. Click on “Sparky” to see all of their material.

As it turned out, Scott and Jeannie were sound asleep at 2:30 in the morning when Jeannie smelled smoke. She sent Scott to peek out the window and he saw flames leaping up the side of their neighbor’s town home. They hopped out of bed and ran out of the house safely. I can clearly remember asking her about the experience and she did not remember hearing her smoke detectors going off.

Please do me a favor, check those smoke detector batteries, press the test button, and consider replacing any smoke detector that is over seven years old.

The Vienna Volunteer Fire Department open-house is October 10th from 10-4.

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