Tree on property line

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    • #3088
      Gibson39501
      Participant

      BIG OAK in back yard. It is sits smack dab across the property line….50-50…. The neighbors want to cut it down…but we really like the shade it provides. Cant they just CUT it down???? the fence is built right up to it on both sides…. 50/50 on each side the fence runs…

    • #3090
      Lex
      Keymaster

      Why do they want to cut the tree down? If the tree is diseased or a danger in some way, or maybe destroying their driveway, then they may have grounds to remove the tree since they are “co-owners”.

      Absent a good reason for cutting it down, it sounds like it would be necessary for you to go to court and get an injunction or the tree could be gone before there is time to react. If you get a temporary order (injunction), then there would be a hearing within a few weeks to determine whether the tree should go or not. That would be up to a judge.

    • #3321
      Gibson39501
      Participant

      Because of the leaves..it is an oak and they shed leaves……it poses no driveway problems….They would have to access through our yard to cut it down….and that may back fire…. These same ppl wouldnt let the previous owners access to that side to fix the siding/boards on their house… the contractor had to Cirque de Solie (sp) out the 2nd floor windows to do the work…. Karma maybe…. but it mainly because they dont want to rake the leaves on their side…. but cutting it down would seriously make the shade disappear on our side…!

    • #3322
      Lex
      Keymaster

      Leaves. Yeah, that’s what trees do.

      Start with talking to them and tell them the tree is half yours and you do not want it cut.

      If that doesn’t work, then tell them you talked to a lawyer about it, that they have no legal right to cut the tree down, that you would rather not go down that road, but will if you have to.

      If that doesn’t work, then get a lawyer to send a letter to them telling them they will be in court if they attempt to cut the tree. Be prepared to follow through with getting a restraining order -although I doubt if it would go that far.

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