Neighbor cut tops off small trees on my side of fence (landscape, growing)

[NJBOSCH]

First a little background. We live in a generally wooded community where about 70% of the homes have natural wooded landscape rather than a traditional lawn. Neighbor to the right of me has cleared his backyard and has a nice pool and a vinyl fence.

Came home yesterday to notice that the neighbor had reached over his fence and cut the tops off some young wild grow trees on my side of the fence. I liked that these trees had naturally started growing where they had because it made for a nice privacy border between the 2 yards.

My first reaction was anger but now I'm wondering if he placed his fence a foot or two inside his property line that maybe these trees are actually on his property. When we bought the house the fence was already there so I don't really know exactly where the property line is.

Should I just let this go? I would never even think of touching anything on his side of the fence without talking to him first. It does kind of tick me off but we have had no problems as neighbors so far and I don't want to start WWIII.

Do most people put fences right on the property line or do most ordinances require them to be a foot or so inside the actual property line. Any thoughts or similar experiences?

[North Beach Person]

Generally the old rule was that fences should be offset from the property line 6 inches to a foot, that was the old margin of error. With new surveying practices incorporating GPS some lot lines are being reconfigured. That just happened to me, our lot lines shifted a foot to the west from where the assumption for the last 80 or so years had been. That meant that a fence I was being code enforced about actually isn't mine which had always been the assumption. We also discovered that the Town had encroached on our lot when sidewalks were installed several years ago.

Regardless, he really no right to reach over and cut your trees. What's next?

[andthentherewere3]

Our neighborhood is the same way, very wooded. Thankfully I have very reasonable neighbors to either side of me.

Some ordinances do in fact require fences to be placed a certain distance from the property line. The only way to know for sure though is to have your property surveyed. That's not a bad idea, as it could turn out that you have lost a great deal of your property. If it turns out that it was his property there really isn't much to be done. But if it's yours he was way out of line. (literally. ) Did the trees lean over the fence onto his property? If so, he did have a right to trim them, according to most town laws. You must realize he will most likely do it again, regardless. And possibly more. I guess it all depends on what sort of relationship you wish to have with your neighbors. Some people when confronted by their neighbors get testy real fast and can hold a grudge, making your life decidedly unpleasant. On the other hand, I'd never want to live with the knowledge that I might come home one day to see my property had been re-landscaped.

[Oleg Bach]

Usually there is a metal bar or marker hammered into the ground put there by the original surveyors...Should be able to find it either at one end of the fence or the other...usually there are just on the surface or just below the surface...That is your property line.

Trees are very important- Once someone has hacked off the top of a tree..The tree is disfigured and will never have full natural beauty again. Too reach over your fence and start to alter what is not theirs is a show of either stupidity or intentional lack of respect...If it was a larger tree with an over hang that interfered with his property I could see some careful trimming...but this sounds like a little pre-emptive strike...I would not argue about this....the best you can do is play dumb and passive...and perhaps say "I am a little disappointed..I was hoping that these trees could have grown a little bigger...I love trees" They will either apologize - or they will not.. Then you will know what level of civility this neighbor is at....They might be just plain dumb.....Or- say nothing ...still-Imagine if you had grown a fine hedge and they did not like the height...and you come home to find it hacked down to stubs....


I don't know what to say- but maybe this doink thought they were doing you a favor and "helping" you- You don't know- be patient and do not react...Nothing worse than diminishing your quality of life with a feud/

[fisheye]

If you do not have a property map go to your court house or municipal building and obtain one. If you cannot find your stakes or markers; see if you can locate your neighbor's. You can also obtain copies of their property maps from your local government. Once you find one of these markers you can get out a tape and measure. If you know approximately where the next marker is supposed to be it narrows down your search. Sometimes you can find markers simply by cutting the grass, raking or using a metal detector.

If you manage to locate your markers; you can simply use a string or just sight down the markers to determine how close your neighbor is to your property.

Surveys are expensive. Hopefully you will not need a survey to find out if you have a problem or don't have a problem.

Some people are property hogs. They will push their property over on you if you let them get away with it. It is important that you know the location of your lines and you let your neighbors know that you know.

[SCGranny]

Or - some people are forced by ordinance to put their fences within the aforementioned 6 inches to a foot of the property line. Which begs the question - whose responsibility is that 6 to 12 inches after the fence goes up? I've known people who literally fought in court about who was to mow/maintain those 6 little inches! I've also known people who lived in places where, if they did 'improvements' (even just mowing or clearing) to neighboring property for 7 years, the property became theirs; they gradually and surreptitiously expanded their property lines this way.

I'd get a plat of my property and the surrounding neighborhood first. Then I'd find out what the ordinances are in your area. Then I'd talk to either the county clerk or an alderman about your rights and responsibilities, as well as about common and accepted practices in your area. THEN, armed with facts and knowledge about who is responsible for what, I'd gently and cheerfully explain to my neighbor that it wasn't his responsibility to maintain those trees (if it wasn't) or however suits your situation best. While it may be a bummer to find out that those trees are still his, at least if you did want them, you could talk to him about them in an informed and positive (non-aggressive if at all possible) way. He might have thought that those trees were still his responsibility, and that he WAS just being a responsible neighbor. BTW, not all markers are metal, some are cement 'stobs' buried in the ground; know what to look for.

Of course, some people are just stinkers.

[fisheye]

I have one neighbor that actually dumped gravel on the vacant lot along side of him – just so he could park his vehicles. The vacant lot was eventually developed – but I don't think the neighbor was ever punished for using his neighbor’s property?

One other neighbor decided that he would remove our pin to make his garden larger. That ended up costing me $300 just to have that pin reset. It is a long story why I did not go after him to reimburse me.

I keep a close eye on all of our pins. I mark them periodically with paint and surveyor's tape. I am quick to point out the pins to new neighbors and show them the property maps. With five acres I have eleven adjoining properties and some good and some bad neighbors.

[nuts2uiam]

Do you not have your own survey? That should clearly mark the property line and then you can measure from the foundation out if the survey doesn't render an obvious answer. Depending upon the nature of your relationship you might say something like, we are trying to let the trees go to provide a bit more natural shade for us and see where that takes you.

[cdelena]

My first move would be to just talk to the neighbor to understand his point of view and express yours.

[jim9251]

Here's a wild crazy idea...talk to him.