My neighbor planted 5 trees thinking they were on his property last year. I thought he was wrong so early this year I had a survey done and sure enough the trees he planted are 3 ft over the boundary. Upon showing him the survey I asked him to love the trees back to his property. He refused saying that he doesn't want to kill the trees.

Since there is no dispute about the boudary can I remove his trees from my property or will I have to go to court force him to move the trees. FYI, I live in Atlanta, GA.

Trees on your property, they are your trees to do what you want with them. It is a shame, but if you don't want them, then they have to go. Are they that much trouble and do they not enhance both properties?

To protect yourself, you have to give him written notice with a reasonable deadline to move the trees. If he doesn't then you are free to remove them if you wish.

Pursuant to the survey I had done on <insert date> (see attached) the trees you had planted last year are actually within my property boundary. Since I do not want these trees, I am informing you that I will have them removed at your expense if you do not move them over the property line. You have until <insert date> to move them.

Send this with return receipt or hand it to him in front of witnesses. Give him 3 weeks to get it done. If he doesn't have them removed and give him a copy of the bill. You may have to sue him for the money.

However, I have to wonder how if these trees don't enhance your property.

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Originally Posted by ScottGem

To protect yourself, you have to give him written notice with a reasonable deadline to move the trees. ....

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You can if you wish, but it's being way more cautious than necessary, in my opinion. Did the neighbor give you written notice that he was going to plant the trees?

This boundary issue has been going on with my neighbor since March. My neighbor and I have different ideas about how we want to landscape. He is growing a huge garden with collards, corn etc in his yard which I simply do not want to see. Additionally, he has a dog that craps in my yard which I have asked he about several times. At this point we are going to put up a fence along the boundary.

I notified my neighbor in March in writing via a certified letter about the
Encroachment and our desire to landscape our property and requested he move the trees to his property. He then moved 2 of the 5 trees but now doesn't to remove the 3 that remain per a conversation we had 2 weeks ago.

Since the trees have value, and since they were planted under the belief that they were on his property, ( although wrong) it would be prudent to give him a chance to take his property back.

He feels by not moving them, they will stay where they are at, unharmed.

I agree, send him a letter, perhaps giving him from 10 to 30 ( how nice do you want to be) to remove the trees or *** and be clear*** that you will remove or cut them down at that time.

As a person who lives in Atlanta, remember fences make good neighbors.

No, he did not. He planted them without consulting me and without having a survey. Once I saw he had done it that's when I had my survey done to find the boundary line. When the survey confirmed he was encroaching I followed up with an email and via certified letter. I also went over to give him a copy of the survey which he fefused to take.P

Especially since this has been so contentious, I would want to protect myself, by giving him a deadline by which he has to move the trees or you will remove them and send him the bill.