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I hate people who move in and sue over every little thing. Its so childish.
Move in, get to know everyone, form friendships, then work together.
That is the way it is done.
As for the tree, use it to anchor the fence and enjoy it.
If someone built a fence onto my place, I'd be glad they built the fence so I did not have to. I'd sstill do the survey and just wait for the time to bring it up.
Now is the time to move it, when it's small enough to move. If he loves the tree, he should be glad to have it moved further on to his property. If he doesn't want it, then cut it down. I would get his permission in writing, since you will be cutting down a tree that is mostly on his property. Written permission will prevent a future lawsuit.
Remember, not only will the trunk get a lot bigger, but the canopy will reach far over your property, in time. Think how much fun it will be, raking his leaves for the rest of your life, especially if you have a pool.
Get the issue resolved while the tree and the issue are both still small. With a growing tree, time is not your friend. Oak trees are beautiful but remember, the description of a weed, is anything growing where it isn't wanted. That oak tree is a weed...!
When I put up a fence I always install it 3 inches on my side of property line.I have been told that a fence on the property line became joint property????Have never investigated,so do not really know.
A fence on the property line does become joint property. The good part of that is, the neighbor is now responsible to pay for half the cost of the fence, and any maintenance..
If the base trunk is on your property its your tree! Whether its 1" or 10'. TIMBER! Perhaps to keep things somewhat good with your neighbor, so like what has been suggested before. Offer him to dig up and replant on his own property if he wants it so bad. But I would put in the terms that it is more than 1" inside his boundries.
Poison the tree, after it is quite dead. Build the fence 2 or 3 inches inside of your property line that way he can't build sheds on it or lean junk against it. If he wants to sue let him try. If the tree is an inch in diameter and it is an inch onto your property then he has no cause for action and I doubt if any lawyer would bother with his frivolous case.
Here are three pictures of my fence. I built it with no nails or screws.
In this area we commonly have trees marking the property lines.
If a tree is mostly to the right of the line, then on it's left side is a skid mark with orange paint. If a tree is mostly to the left of the line, then on it's right side is a skid mark with orange paint.
If a tree straddles the line, then it is girdled with orange paint.
I must have a dozen trees, on each property line, every hundred feet or so, that are used to mark my property lines.
The surveyors here do this, as their method of marking properties.
If someone built a fence onto my place, I'd be glad they built the fence so I did not have to.
There is that little matter, in Texas at least, of adverse possession. If they fence in a portion of your property and you do nothing about it for a certain period of time, then under adverse possession it's possible you'd lose that strip of land.
A fence on the property line does become joint property. The good part of that is, the neighbor is now responsible to pay for half the cost of the fence, and any maintenance..
The catch their is if he wants to.But a fernce deviding property as to insurance claims can either be claimed as joint or as individaul. If joint then the moeny will be payed by both comapies and will have to be spent on the fence. persoanlly its easier for teh buyer of the fence to claim fulkl ownership because it makes things easier unless it was jointly put up.
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