I have a few trees that are 1/2 on my property and 1/2 on my their property. I want to put up a privacy fence and the neighbor is very intent on keeping the trees for their privacy. I wanted to take the trees down but they did not want this. I then suggested that I would trim the trees back off my property but they insist I will damage the trees or kill the trees and are trying to say I can not touch the trees. If I trim the trees off my property and the trees become damaged or die am I liable for any actions the neighbors bring against me because we co-own the trees?

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Originally Posted by mjm607

I have a few trees that are 1/2 on my property and 1/2 on my their property. I want to put up a privacy fence and the neighbor is very intent on keeping the trees for their privacy. I wanted to take the trees down but they did not want this. I then suggested that I would trim the trees back off my property but they insist I will damage the trees or kill the trees and are trying to say I can not touch the trees. If I go ahead and trim the trees off of my property and the trees become damaged or die am I liable for any actions the neighbors bring against me because we co-own the trees?

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In most parts of the country.your neighbor is right and yes you would be financially liable if the tree dies as a result of your trimming it.

There is no law preventing setting the fence further back on your property to avoid the trees... or to jog the fence around the trees. If fact in many localities you aren't allowed to put a fence right on the property line... and require a setback of various amounts. I live in such a place.

Yes there is no law saying I can set the fence back further but there is also the self-help where if there is over laying limbs onto my property I can trim them back to property line. Yes there is a setback of 1ft. There is 4-5ft of limb overlay and I am not setting my fence back that much or jogging the fence around 3 trees. I just don't know the liability when there is co-ownership of the trees.

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Originally Posted by mjm607

... I just dont know the liability when there is co-ownership of the trees.

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Unless you signed a contract with your neighbor concerning the trees, or if some sort of a covenant concerning them is in your chain of title, you don't co-own the trees. They belong to whomever owns the land they are planted on. If the base of the tree is right on the property line, and it's unknown who originally planted them, you would be within your rights to cut the tree right down the middle, and dispose of the half that was on your side.

Obviously, this would probably kill the side of the tree on your neighbor's side. So you should tell your neighbor that, if he desires to keep the tree, he had best come up with a plan to which you will agree. This might include his buying a portion of your land. But if he cannot agree, I don't think he can stop you from cutting the portion of the trees on your land.

Cut the limbs on your property and build the fence he can't stop you. But if you want to cut the trees down you will have to prove in court why. And also watch how you Sue your neighbors you do have to live their

First, you need to check the zoning laws. Some areas have laws preventing fences.If the trees actually straddle the property line, they may have been planted specifically to prevent fencing. My sister-in-law used to live in such an area in NJ. There were 5 or 6 houses on the block and fencing was not permitted to create a wide open area in the back. Trees were specifically planted to straddle property lines.

If you want them cut back, hire a company that does this professionally and has liability insurance for this. If done properly a tree can be cut back to almost the trunk.

It really depends on who claims to own the trees.

• If the neighbor claims to own them, tell him to get his blankety-blank trees off of your property or you will do it yourself.
  
• If they are yours, you have every right to cut them down, so long as, in doing so, you do not damage his property.

If the trees were removed and your privacy fence installed it seems like the neighbor would have more privacy than the neighbor has now. And maybe I am missing something here because you can look at the total situation and I can't and maybe the elevations of the houses in the neighborhood are a factor.
Are you certain that his issue is strictly privacy or does he want shade and aesthetics actually? In other words, if he wants privacy and you are building a privacy fence it sounds to me like there must be some other issues at play here. I would want agreement with my next door neighbor but you don't seem to be intersted in that. Are you already well beyond that due to past run ins?
Help me out. How does an increase in privacy for you equal a decrease in privacy for your neighbor? Is he really just looking for you to buy the interest he thinks that he owns in the trees? If so, maybe that cost is less than the costs of surveying, getting opinions from lawyers, hiring tree experts etc etc etc and/or the cost of possible lawsuits and judgments. Get it settled in writing first, then build your fence and enjoy your privacy.

Your property line must be like a jungle if a private fence don't offer more privacy .

Where is this exactly? Laws vary on the subject. Depending on where the tree is situated it can provide shade... block visibility into into the house from certain other houses (very important in many areas, like where I live.)

Depending on the size of the tree, they can have a value of $5,000 each or more if you do something to harm it and the court rules against you.

I'm no tree hugger... but I love my trees... and I would be very litigious if someone decided their opinion to take them down exceded my right to have them. Particularly if I lived there longer.

And unless you have paid for a recent survey... a mere 12 inches either way could set you up for a LOT of legal trouble.

Its not hard to jog the fence back around the trees on your side of them... because trust me... if you push the neighbor... they are going to push back even harder. Been there done that. The instigator ended up selling their house to get away from me. They no longer got away with a lot of things like they did before and I saw to it.

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Originally Posted by smoothy

... I'm no tree hugger....but I love my trees...

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So you are saying that you have a Platonic relationship with your trees?

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Originally Posted by AK lawyer

So you are saying that you have a Platonic relationship with your trees?

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You could say that...