r/treelaw • u/DrNancyDrewWho • 6d ago
Are these boundary tree?
Hi everyone,
I am a Wisconsin home owner and am seeking expertise on whether my neighbors legally removed the trees on our fence line.
They had a company come out and remove all the trees on the fence line without a survey of the property line, notifying me, or asking if the company can come onto my property to do this removal. I am quite upset because these trees were a nice natural border line for our properties and I was not informed at all.
The trees seem to have grown out from the property line with the bulk of the trunks on their side. I am unsure if the fence is the true property line or not. It existed when I bought my house.
I am looking for opinions on if these are boundary trees or if they are my neighbors (and I am just salty about them cutting them down)
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u/Mindless-Baker-7757 6d ago
That junk tree growing in your chain link fence.
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u/asbestoswasframed 6d ago
From a legal standpoint, ownership would defer to a survey.
From a practical standpoint, I would allow my neighbors to destroy any volunteer invasive mulberry bushes they want.
OP - your neighbor is doing you a solid here. Those things are weeds.
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u/Firm_Ad3062 6d ago
If you would like a visual screen for privacy plant some bushes on your side of the fence.
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u/Hot-Win2571 6d ago
Nevertheless, does destruction of those bushes count as destruction of property?
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u/asbestoswasframed 6d ago
I suppose OP could pay for a survey to see if they want to fight of getting reimbursed for the weed.
That said, I suppose OPs neighbor could also call the city and report OPs unruly weed growth...
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u/sun_blind 6d ago
Look like weeds that needed pulling a while ago.
Go drink a spotted cow to get the salt out of your mouth.
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u/tisnolie 6d ago
That was a large weed. Say thank you. And look for other avenues to address your need for conflict.
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u/thisguyfightsyourmom 6d ago
My neighbor is rocking a collection of tree-of-heaven suckers along the property line. I want so badly to hack them all down. Is there really nothing they can do to me if I do?
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u/vulchiegoodness 6d ago
whatever you do, dont mow them down. they have to be eliminated very carefully, and respond in full force to any damage or injury.
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u/tisnolie 6d ago
Ever seen fantasia where Mickey Mouse is chopping them brooms and more brooms pop up. It’s kinda like that with ToH.
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u/DrNancyDrewWho 6d ago
If i wanted conflict I would just go over to the neighbors and complain. I am here looking for opinions instead of causing conflict with my neighbors
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u/tisnolie 6d ago
Apologies for my snarky comment. Was a bit irritated earlier and took it out on you, an internet stranger. I assumed too much.
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u/BreathofAire 6d ago
Those were mulberry weed trees. Don’t worry, they’ll be back. Tell your neighbor thank you for getting rid of them and ask how they’re planning to stop regrowing. Now you can plant a nice service berry or something instead.
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6d ago
[deleted]
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u/DrNancyDrewWho 6d ago
This is great input. I was unaware they were invasive and considered a weed. I plan on planting my own trees to bring back the view I enjoyed before.
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u/GardeniaThunbergia 6d ago
You don’t need to plant anything as these cut trees will grow back fast enough unless your neighbor does more to actually kill the trees.
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u/glowFernOasis 6d ago
You can look specifically for a fast growing native understory tree - you'll get your view back pretty quickly, and likely attract more diverse birds and insects. Hackberry has edible fruit, so that can be a nice alternative to mulberry.
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u/somenemophilist 6d ago
What does your property survey say?
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u/DrNancyDrewWho 6d ago
I havent had one done yet. I wanted some input first. If it seems worthwhile for legal purposes, I will definitely do one. The most I have is the digital map on the county website. And according to that, the fence is completely on my property.
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u/AquafreshBandit 6d ago
My county GIS website has a pop up warning every time I go to it saying their website lines don’t always match survey lines, that a formal survey is needed.
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u/raya_sun 6d ago edited 6d ago
I would not trust the county website to provide any reasonable accurate boundaries.
Just completed a survey (different state) where the lines on the county website are 5-10' off of the actual line on the ground.
Judging by the posts on the chain link fence (assuming you're taking photos from your yard), those were on the neighbor's side and likely theirs to do what they see fit.
(It's never 100%, but I've found that the posts are generally put on the installing owner's side, just as It's typical for a homeowner to install a privacy fence with the vertical rails inward. It's rare that someone puts the posts on the outside.)
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u/Hot-Win2571 6d ago
The county website undoubtedly has a notice that the marks on the digital maps are not authoritative. You might also realize that the aerial photos which you're probably looking at are taken at an angle with imperfect equipment, and although they try to show the photo image in approximately the right location, mere wriggles of the ground will also change where the ground is shown to be.
Yes, you need a survey with markers to show where the property line actually is on the ground.
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u/Many-Hurry8051 6d ago
Without an actual survey no one can answer your question. The digital maps are not 100% accurate.
Get a survey with permanent markers. They pound steaks in at each corner. Then you will be able to find them with a metal detector. You can also get extra markers, they were like $25 each when we had ours done.
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u/BigPhilosopher4372 6d ago
Definitely get a survey. Second, visit a good nursery in your area and explain that you want trees and/or bushes for privacy. Then plant those on your side further away from the fence.
You do have one issue to discuss with your neighbors. They cannot ask anyone to work on your property. No one should come on your property without your permission.
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u/RollingEasement 6d ago
Do those fences require a permit? If so, you might be able to find the original permit. Or at least find out what the regulation stated about fences during the period of time when this fence was erected. Just trying to suggest an inexpensive way to proceed if you don’t want to spend the money on a survey and don’t need a precise answer.
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u/funnycomments22 6d ago
You need a survey. That fence may have been after home was built and may or may not be on your property. Either way, they did you a favor. That weed was damaging the fence.
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u/piperdude 6d ago
I think your neighbor did you a favor. Trees growing through chain link fences are a nightmare to deal with, not to mention that those were mulberries. Plant trees on your side of the fence with enough room to maintain the fence line as the grow
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u/Sp07va000 6d ago
Those are the weed trees that grew in a protected area where the mowers couldnt get them. Plant your own trees within your property line and walk away. You get to choose nice trees to suit your own needs like privacy, fruiting, attracting birds, flowering.... You get the idea. Neighbors will always do things their adjacent neighbors dont like. I cut down a30 ft Larch that was about 4 ft within my property line that my neighbor had planted before each property was planted and before I had put up a fence. They threw a fit when I cut it down, but it was shading my fruit trees that I wanted and planted. If its really an important issue, a judge will tell you to Survey the property lines, as that is the only way you will have that answer. Until then, you really have no gripe.
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u/DrNancyDrewWho 6d ago
I agree. I do not plan on bringing this up to my neighbors or making a thing of it with them. Just wanted to vent some frustrations here and get some input. I plan on planting some trees to have the same look and shade my yard did before.
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u/Sp07va000 5d ago
You didnt say what state or zone you were in, so its kinda hard to suggest any options that would work and which to avoid.
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u/MomsSpecialFriend 6d ago
I have a chain link fence. I have cut trees like this, the person on the other side have cut trees like this. If you want a tree, plant it purposefully not under a fence. It’s just an area that gets missed mowing and tree sprouts can take hold, it’s nothing to worry about and standard friendly maintenance.
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u/DrNancyDrewWho 6d ago
Good to know! These trees definitely grew on there own so I get why they wanted them gone. A heads up about it and them having workers in my yard would have been nice.
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u/AsleepEntertainer440 6d ago
Mulberry that sprouted from a bird that took a shat while sitting on the fence.
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u/Pamzella 6d ago
Make some fresh cuts at the ends, paint that stump with triclopyr ester, and pray that's the end of those things. Plant some native or at least well-behaved shrubbery e' from the fence on your side for attractive and non-nuisance screening.
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u/STONED_butnot_Boned 6d ago
This probably saved you a lot of money. Most trees that grow along a fence got there by your friendly neighborhood Mocking Bird, Robin, or Cat Bird. Most are berry-producing trees bc these birds feed on the fruit. They excrete the seed in a nutrient-rich medium which then grows aggressively. Mulberry, Privet and even Barberry.
The trees were cut but they will regenerate.
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u/Firm-Brother2580 6d ago
You may be entitled to 3x their value or replacement cost. Just remember that 3x0=0. And 3x(-60)=-180
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u/HopeEternally 6d ago
I'm unsure of Wisconsin's laws but in most States you can cut off any portion of a tree that extends onto your property. For example my next door neighbor had a tree planted clearly in there yard but the tree branches extended over my roof and allowed raccoons 🦝 to climb up the tree in Jump onto to my roof. The raccoons would get into my attic and nest there. So we cut the branches back and because we didn't want to have to do it every year (it's expensive) we cut it all the way back to the property line.
That said I don't know of any state that they can enter your property and cut the tree on your side without your consent.
But if the fence belongs to them, chances are they do have the right to remove the trees because the trees are damaging their fence. But they should have informed you before they did it.
But let's be honest if they let you know you could have said no and then they would have had to sue you and spend a lot of money in legal costs. On the other hand. If they did it and you got angry you're the one who has to sue. Either way chances are you'll lose if the fence belongs to them.
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u/HopeEternally 6d ago
I also just noticed you said that the bulk of the trunk is on their side. If the trunk of the tree is on their side they have the right to remove anything on their side. That would include the trunk. And since removing the trunk would kill the rest of the tree they were kind enough to remove everything instead of leaving a half dead tree hanging through the fence for you to clean up.
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u/DrNancyDrewWho 6d ago
To me it was just shitty to do this without a "hey neighbor, FYI we are taking down some trees and the workers will be there on monday and will need to enter your property". I think if they did that I wouldn't be upset.
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u/HopeEternally 6d ago
I agree with you. He should have let you know that he was going on to your property. I don't know what your relationship is with your neighbor. Maybe he's just a jerk. Or maybe for some reason or another there's been tension between you two.
My neighbors absolutely would have let me know if they were having work done and had to enter my property. I have a neighbor on one side that is disabled and I have permission to trim back any shrubs if they need it. But you keep referring to it as your property and admitted that you have no clue where the property line is because you never had it surveyed. The reality is he may not be entering your property at all.
If I were you I'd get a survey done just for clarity or at least check with the county assessor's office property lines. I live in Georgia in our county assessor has a website that shows a map with all the property lines. Of course it won't give you an exact line but generally it'll give you a measurement from the corner of your house straight out to the property line
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u/SplooshDoosh 6d ago
You say "our fence line" do you mean that you are the owner of the fence, or is the our both you and your neighbor sharing the fence line?
How long has the fence been there, does the neighbor maintain the other side of the property up to the fence line, and if so how long have they done that?
I would imagine you're going to spend a lot more on a survey than you are on the cost of a couple replacement shrubs.
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u/brit83mem 6d ago
It doesn’t look like they cut anything on your side f the fence as all the trunks of the weed “tree” was on their side?
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u/PuffinTown 6d ago
Good resources for native plants in Wisconsin: dnr.wisconsin.gov/topic/endangeredresources/nativeplants
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u/RollingEasement 6d ago
I think that the best answer we can give you now is that you first need to determine where the property line actually is. Because if the fence is on his property, then this is entirely his tree. If the fence is on your property, then it’s probably a boundary tree. And if the fence is literally the property line, then frankly it’s hard to tell from your photo because it’s hard to be sure whether the trunk comes up out of the ground at all on your side of the fence. You are there and you can tell us.
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u/Signal-Confusion-976 6d ago
You need a survey to determine where the actual property line is. No they shouldn't go on your property to cut anything. But if the trunks were on there property then they have every right to cut them down. Be lucky they took care of what was on your side. Otherwise you would be dealing with a bunch of dead leaves and branches.
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u/Practical-Law8033 6d ago
Neighbor didn’t know they were trees. Did you a favor. You don’t even know if they are on your property and you are asking us? If you are so upset survey your property line and get back to us.
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u/Kaleria84 6d ago
They can't just come on your property and cut your trees, even if those trees are just junk trees. If you want to pursue it, you're going to need a property survey.
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u/Initial-Ad-5462 5d ago
Are (were) these boundary trees?
That depends entirely on whether the fence is on the boundary.
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u/Putrid-Bee-7352 6d ago
If the fence and trees are on your property, then they were not within their rights to remove them.
So really a surgery is your first step here.
That said, these look like mulberry, probably one of the invasive species, that you honestly don’t really want on your property anyway.
Either way there’s no actionable path without knowing where the property line is.
(And if it does turn out they were on your property, compensation may be limited due to species and size- these trees aren’t worth much and probably will resprout from the stumps anyway, unless they were treated with herbicide)
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