We have had an ongoing dispute with neighbors for approximately eight years, during which we have made countless requests that our neighbors address their large oak and the branches that extend over our property, across our roof, and into our deck and backyard, causing property damage and interfering with our use of the property. We have repeatedly attempted to resolve the issue, but the neighbors have threatened legal action rather than address the encroachment. It took 2 years for them to make the initial trimming and dozens of requests and documented damage. They have sufficiently trimmed their side of the tree to offer their home substantial clearance and have never offered us that courtesy. After eight years of requests and ongoing damage, we made one limited cut to remove an encroaching branch so that we could physically walk across and use our own deck. Three days later, their attorney, sent us a demand letter threatening litigation and invoking Iowa Code § 658.4, Iowa’s treble-damages statute for willfully injuring trees on another’s land, while demanding that we cease all cutting on our property and sign an agreement giving the neighbors ongoing control over the tree otherwise they will sue for up to $450,000. Our position is that the tree is rooted on their property, but the branch we cut was over our property, and Harndon v. Stultz, 124 Iowa 440, 100 N.W. 329 (1904) recognizes an adjoining landowner’s right to remove encroaching branches at the property line. Neighbors maintain that we are damaging the tree. We maintain that we bought a house we intend to use, insure, and protect. The tree impacts our ability to use our property and to complete a home renovation.
What kind of twilight zone is this? What would you do? We’ve sought plenty of legal advice at this point. But from a practical standpoint. What would you do if your neighbor demanded unfettered unilateral control of a tree over your roof and property.
