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    youngones929's Avatar
    youngones929 Posts: 1, Reputation: 1
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    #1

    May 26, 2011, 05:41 AM
    Proprty line tree laws
    I have a tree that the loggers cut that is on or near the property line. The neighbor states that the flags the surveyor hung are bowed out. The loggers cut to the flagged line. I look at it and if the tree is on his property it is only about an inch or so at the most. What can be done about this or what should I do. The surveyor wants another 4300 to come out and re-shoot the back line. I suggested running string between the two posts to see where the tree lays. If on his property slightly what has to be done?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    May 26, 2011, 06:39 AM

    My first suggestion is to have the surveyor come out and set the property line.

    Your neighbor can legally remove anything that is on his property.

    Why is your neighbor so insistent that a tree which is almost completely on your property be removed because a small portion of it is on his property?

    You can also forbid your neighbor AND anyone he hires from coming onto your property.
    parttime's Avatar
    parttime Posts: 1,440, Reputation: 113
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    #3

    May 26, 2011, 08:35 AM

    youngones, the tree is already down, right? Is the neighbor wanting the value of the tree? Could you offer to split the value?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    May 26, 2011, 09:04 AM

    Hello:

    I don't think the tree is down yet. Apparently, it straddles the line, and the controversy is over who owns it. I don't know the answer

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    May 26, 2011, 09:09 AM
    Quote Originally Posted by parttime View Post
    youngones, the tree is already down, right? Is the neighbor wanting the value of the tree? could you offer to split the value?

    I see no need for the legal owner of the tree to split the value with the non-owner.

    I DO see the OP getting the full amount if non-owner claimed the tree, gave permission to cut it down and it was not, in fact, on his property.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,303, Reputation: 7692
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    #6

    May 26, 2011, 09:33 AM

    I read it, ( I have a tree that the loggers cut) not will cut, not plan to cut,

    So it is already cut at this point and time from my reading of it. So at this point it is a matter of a law suit for the value of the tree ( if there was one) or the cost to pay for th tree to be cut even.

    You will have to prove it is on your property if you wish to sue and depending on the length between survey posts, a string ran between them would be a start ( if the property line is straight, not all are)
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    May 26, 2011, 09:34 AM
    Quote Originally Posted by youngones929 View Post
    I have a tree that the loggers cut that is on or near the property line. The neighbor states that the flags the surveyor hung are bowed out. The loggers cut to the flagged line. I look at it and if the tree is on his property it is only about an inch or so at the most. what can be done about this or what should I do. the surveyor wants another 4300 to come out and re-shoot the back line. I suggested running string between the two posts to see where the tree lays. if on his property slightly what has to be done?
    I take it that the tree was harvested and paid for by the loggers.

    The issue is who is entitled to the proceeds.

    How much money are we talking about? I doubt that it is worth the $4,300 cost to re-shoot the line.

    Especially if it was only one inch over the line. In that case the neighbor would be entitled to, at best, the value of 1" of tree.

    Running a string would not be accurate enough, depending on how long the back line is. I am guessing that it is of considerable length. If so, the wind can bow the string one way or another a great deal. So I would use a procedure similar to what a professional surveyor would use, although I am guessing you might not have access to surveyers' normal equipment. Get someone to hold a stick vertically at one of the posts. Stand at the other post and look at the stick through a spotting scope, pair of binoculars, or something of that nature. Have a third person hold another vertical stick at the tree-stump. Then you will be able to determine exactly how far the tree was over the line.

    If it was slightly on his property, offer him a fair portion of the amount you got for the tree. If the tree was mainly on your property, I don't think he is entitled to anything, but that would resolve the matter, wouldn't it?

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