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TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 12365
Experience:  JD, MBA
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I have a property line shared with a neighbor. There are

Customer Question

I have a property line shared with a neighbor. There are trees planted down the line. The neighbor wants to remove them and I don't want them removed.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

If the trees are on your neighbor's property, then he may remove them. But if the trees are literally on both properties because they are right on the line, then your neighbor may not remove the trees without your consent since you co-own those trees.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Customer: replied 1 year ago.
I had the property surveyed. The common property line in question is 1700 feet, some woods, some open areas. there is a fence along the line that was installed by the previous owner of my property. The surveyor drawings show that the fence is 3.1' on the neighbor's property at one end. The trees are planted along the same line with some on my side and some on the other side of the fence. The exact line is not easy to determine, but if ta***** *****terally the trees I want to keep are on my side of the fence and at least 3.1' from the fence. With such a long span along the property line, I am not sure how to determine which trees are on which side of the line exactly. They seem to vary. The neighbor wants to harvest the trees for money.
Expert:  TJ, Esq. replied 1 year ago.

Hi again.

If there is a dispute about this that can't be resolved, then the only way to resolve it is to let a court decide. As difficult as it sounds, it probably would come down to a tree by tree analysis to see who owns which tree. Hopefully, you two can come to an agreement without the need for a court order, however, as that would be expensive litigation.

Customer: replied 1 year ago.
Understood. I haven't spoken to the neighbor about my concerns yet and they seem nice, but the trees have a value to be harvested, so I want to be prepared when I have the conversation with him. I guess its simple. Trees on my side of line are mine, trees on his side of line are his and tress in the middle are shared he needs my permission to remove. Does that sum it up?
Expert:  TJ, Esq. replied 1 year ago.

Yes, that sums it up. You have a solid understanding.

Expert:  TJ, Esq. replied 1 year ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating to close out this question (and please remember that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!