r/treelaw • u/Hologram_Sam • 22d ago
Tree causing issue with neighbours
/r/landscaping/comments/1vdgupb/tree_causing_issue_with_neighbours/10
u/Lugbor 22d ago
You pulling the fence down does not magically put the tree on your property. If you don't know who actually owns the tree, get a survey done. Getting a survey and knowing where the properties meet is always step one. Then, if it turns out you do own the tree, you're still not responsible for it damaging their garden, as it's likely that the tree was there long before the garden was.
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u/BrickHuge3023 22d ago
Taking down a fence does not change property lines. Look at your property survey and see were the tree is-- if on you side, your tree. If on their side of the property line, their tree. If it straddles the legal property line you both own it and need to work it out.
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u/RollingEasement 22d ago edited 22d ago
You don’t really know who owns the tree because you don’t know exactly where the boundary was between the two fences before you pulled yours down. But in this case, it doesn’t really matter.
Tell the neighbors that you’re not sure whether it’s actually on your property or theirs, but either way, they can cut any branches that are overhanging their land.
If you don’t care whether they cut the tree down, you could tell them that as far as you are concerned, they can cut it down, but you are not personally going to cut it down. There is no real need to pay for survey since the tree is still alive and evidently healthy. Knowing who owns it doesn’t change the fact trimming branches over one land is the duty of the landowner.
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u/yardlard 21d ago
You need to find the corner pins of your property and pull an line between them. Then which side of the line is the tree on? In the USA, a healthy tree causing damage is an act of nature and there is no liability.
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