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Old 04-28-2008, 08:06 PM
 
1 posts, read 4,409 times
Reputation: 10

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My neighbor incorrectly put a fence on my property We have had the property legally surveyed and he removed most of his fence and some of his plants but claims we have get a lawyer and have legal documents to make him remove an oak tree that is one inch on my property.The tree is 4 feet tall with a one inch caliper .They did not plant the tree it came up naturally next to a bigger oak tree on there property.Is the tree mine and can i remove this tree to install a fence without having a lawyer send legal papers?
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Old 04-28-2008, 10:53 PM
 
4,285 posts, read 14,545,480 times
Reputation: 3868
Quote:
Originally Posted by gmob View Post
My neighbor incorrectly put a fence on my property We have had the property legally surveyed and he removed most of his fence and some of his plants but claims we have get a lawyer and have legal documents to make him remove an oak tree that is one inch on my property.The tree is 4 feet tall with a one inch caliper .They did not plant the tree it came up naturally next to a bigger oak tree on there property.Is the tree mine and can i remove this tree to install a fence without having a lawyer send legal papers?

Okay, so if your neighbour did not plant the tree, and if the tree is on your property, then where would your neighbour have the slightest claim on it?


Timberrrrrrrrrrrrr!
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Old 04-29-2008, 08:32 AM
 
Location: Heartland Florida
9,324 posts, read 24,044,805 times
Reputation: 4911
If it was me, I would just go around the thing, or buy a chain saw if the neighbor doesn't care. Otherwise, why get a lawyer to fuss about 1 inch?
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Old 04-29-2008, 01:08 PM
 
Location: ARK-KIN-SAW
3,434 posts, read 9,010,232 times
Reputation: 1579
go out late at night and spray some stump killer on it, it will die and no one will know why..but you of course-lol.
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Old 05-06-2008, 01:23 AM
 
11,961 posts, read 13,023,658 times
Reputation: 2772
Here's an idea- ask your neighbor if he wants the tree, and if he does, dig it up and put it on his side. Lawyers would be glad to take your money, but you'll probably have that neighbors hard feelings to deal with for a life time. Try to keep it between you two as best you can.
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Old 06-03-2008, 05:14 PM
 
308 posts, read 1,488,768 times
Reputation: 190
Quote:
Originally Posted by Cornerguy1 View Post
Okay, so if your neighbour did not plant the tree, and if the tree is on your property, then where would your neighbour have the slightest claim on it?


Timberrrrrrrrrrrrr!
Perhaps because it's only 1" on the poster's property and the rest is on the neighbor's property (regardless of whether someone actually planted it)? I agree with harborlady--ask if he/you can dig it up and move it over so it's not sitting on your property. He'll still have the tree since he apparently wants to keep it (even if he didn't plant it) and it will no longer be on your property. If your neighbor does not agree, then you may have no other recourse than a lawyer.

Does your city/HOA have property guidelines? Sometimes they will outline rights & procedures for disputes such as these.

G'luck!
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Old 06-04-2008, 11:07 PM
 
Location: Great State of Texas
86,093 posts, read 73,688,500 times
Reputation: 27598
Just remember you need to live next door to this guy. It's always better to just live and let live..it's only 1 inch. If it were me..I'd just veer the fence a bit around the tree.
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Old 06-05-2008, 06:47 AM
 
1,291 posts, read 2,606,443 times
Reputation: 1264
If you "veer" your fence to just miss the tree today what are you going to do in 10 years when the tree is 10" in diamter? It will be pushing your fence over.

I would cut it down and tell the neighbor too bad. It is your land afterall.
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Old 06-05-2008, 09:49 AM
 
Location: central oregon coast
208 posts, read 789,546 times
Reputation: 162
Wink good fences make good neighbors!!!

Do you have a survey? Sounds like he wants a fence-cooperate on putting his back on the correct property line-he will remove the tree if it interrupts his fence.I am having a survey done and am putting in concrete markers so the neighbors can't adjust the survey markers!!One of my neighbors is helping pay for the survey-he wants to know if his house is really 1 foot from the property line!! The other neighbors wife has planted very decorative bushes on what she thinks is her property (it's not).I get along great with the neighbors but they are both in their 70's and may not always be my neighbors.Both have wives who would sell immediately if they lost their husband.
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Old 06-05-2008, 04:23 PM
 
Location: Texas
5,070 posts, read 9,083,752 times
Reputation: 1632
I think I'd just build a fence up to the one inch part, and start the other part of the fence on the other side. If the tree eventually gets a little bigger, adjust the fence. I think the tree is a good thing.
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