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We live in SD and we want to put a fence around out back yard.

Customer Question
It is a fairly new...
We live in SD and we want to put a fence around out back yard. It is a fairly new addition. Out neighbor planted a tree that is half way across our lot line and they will not put the fence in until the tree is gone. What are my rights. The neighbor is stalling and we need the fence as my wife runs a day care.
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 2 minutes by:
6/22/2010
Real Estate Lawyer: P. Simmons, Lawyer replied 8 years ago
P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 37,697
Experience: 12+ yrs. of experience including real estate law.
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Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Can you tell me is this tree on your side of the lot line?
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Customer reply replied 8 years ago
The lot line runs right down the middle of the tree. Half of the tree is on our side and the other half is on their side. Also, 2 of their lawn sprinkler heads cross over the lot line onto our side.
Real Estate Lawyer: P. Simmons, Lawyer replied 8 years ago
How big is this tree? How long ago was it planted? Did the neighbor have permission to plant this?
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Customer reply replied 8 years ago
The tree was planted a couple of years ago and it is a pine tree about 5 to 6 ft. tall. No they didn't have our permission to plant it there, they just did. The city also has an ordinance about planting trees so many feet from the lot line, but the city said they would not get in the middle of this. The city is Dell Rapids, SD
Real Estate Lawyer: P. Simmons, Lawyer replied 8 years ago
That will be the issue I suspect...the question is can you now remove the tree? The best way to proceed would be to sue them for trespass...you have 6 years to file a trespass claim in SD....so you can sue your neighbor for trespass for planting this tree...that is the safest way to proceed.

Or you can just cut down the tree...but then you open yourself up to the neighbor suing you for destruction of the tree.
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