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

    May 18, 2017, 01:21 PM
    Our Neighbor removed a tree that straddles the property line
    We live in Lincoln NE. We had a nice mature tree which we always knew straddled our property line. Our neighbor said he was going to remove the tree (which was not a hazard) because he was putting in a new foundation and the builder would not guarantee it with the tree there. We did not want the tree removed as it was providing a lot of shade for us and helping with our cooling bills.

    Long story short - he had it removed. They want to come on our property and get in there are remove the whole stump. We declined to let them. They hired a person to get/mark the legal lot boundaries. Turns out - the tree is about 50% there and 50% ours.

    Do we have any options here? We will not let them on our property to remove the stump. It would damage our landscaping if we did as we have a fence also. The fence is NOT on the property line. It is entirely on our side. Do we have any options for damages here since they did not secure an agreement from us (nor did they ever ask for one) on the removal?

    We would like to at least replace the tree with something on our property approximately 15' size. Would we have a reasonable chance of requiring them to pay for a replacement?

    Thanks
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    May 18, 2017, 01:38 PM
    Sue them in Small Claims for removing the tree.
    Include the cost for stump grinding (get 2 quotes), if you both want it gone, the least damaging to the surrounding area.

    They sound horrible.
    If your fence is inside the stump that is 50/50, then it must be at least a foot inside?
    Have someone move the fence to 1" inside the line, just because they will assert every inch of their line.

    I learned years ago that for very little money, you can hire someone to plot the boundaries. They don't do anything more than you or I could do - get copies of the deeds and the town plot of the street or road. A 'real' survey, based on the nearest Geological Survey marker(s), sometimes miles away, costs much much more. So.... their survey could be suspect. Hire 3 surveys, and they can all be different.

    I have friends who ended up in court over boundaries, and the judge ordered that the line be halfway between the two surveys.

    Good luck. This turns into a mess countless times a day in court.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    May 18, 2017, 06:55 PM
    How long has the fence been there? Could it be assumed or even has a fence been there so long they may have legal rights to property ?

    Why would you want a stump on your property, the tree is all ready down. But they must pay for any repair to the landscaping.
    ma0641's Avatar
    ma0641 Posts: 15,675, Reputation: 1012
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    #4

    May 19, 2017, 03:02 PM
    Who planted the tree? Where is the stump in relation to the fence? From what I read, the fence is on your property."They want to come on our property and get in there are(sic) remove the whole stump."


    If the stump is on the other side of the fence, why would they have to enter your property?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    May 19, 2017, 04:42 PM
    Yes there are some confusing aspects of this. If the fence is entirely on your side, then the tree is on the other side of your fence so how would it affect your landscaping to remove the stump?

    As far as the survey goes if THEIR survey confirmed that the property line goes through the tree, then you want to use that survey.

    Based on that survey, they had no right to totally remove the tree. And you should win in small claims court. What they SHOULD have done is offer to plant a replacement tree within your property line. While they have a legal right to trim branches on their side of the line, they don't have a right to kill the tree.
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