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Trees pruned to view lake on subassociations property.
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I trimmed/pruned some trees to have a view of the lake I live on. The lake is under a "Protection Act" (CBLAD) that prohibits people from cutting/trimming anything without prior approval from the county. We received approval from the county. The trees are located in the subassociation in which I live, therefore not owned by me. What can the subassociation legally do if it wants to punish me? Do I have the right to preserve my view even if I don't own the land?
 
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RCA #354
BCMA #PD0008b
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This is a legal situation involving ownership issues. I can’t offer a legal opinion on the issue. You should contact an attorney for an interpretation of local laws.

If you don’t own the land the trees are on, then you probably don’t have any right to do anything to them. The county permit doesn’t cover ownership issues, only that pruning is acceptable under the Protection Act. You will probably need to get permission from the owners-the association that owns them. I suggest you contact them to discuss the issue. Talk to the arborist who will do the work for you and explain to the association what will be done. They may give you permission.

You should also see if there are any local ordinances that allow you to maintain your view. Again, talk to a lawyer.

Good luck.


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Russ Carlson, RCA, BCMA
 
Posts: 287 | Location: Bear, DE USA | Registered: Wednesday June 18, 2003Report This Post
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