Tree 90% or more on my property neighbor wants to cut it down (Phoenix: real estate, crime)

[ozzie777]

There is a large mesquite that runs between my neighbor's yard and mine. I'd say the only portion that is over his property is probably even less than 5% and that part is at the very base of the tree. Does he have the right to cut it down without my permission? I'm sure he won't cut it down while I'm home, he'll wait till I leave to go to town or in the middle of the night. And anyone that knows about these big old mesquites they lean one way or the other, very few straight up limbs. Well if he cuts it down, it'll all be on my property because that's the way it's leaning. He's already cut off a huge limb on his side, which is fine although he's hurting himself because of the loss of shade. Any suggestions would be appreciated. He's a bully and my son-in-law and he's been tormenting me for almost 2 years now so it's getting to the point of being ridiculous. I feel like I'm dealing with a 16 year old not a 45 year old. I need to know what the AZ laws are on this situation, whether he can cut it down without permission from me or County and what do I do if I come home one day and find it cut.

[AksarbeN]

Is the trunk of the tree on your property or his; It sounds like 5% of the foliage might be over his yard? If the “trunk” of the tree is on YOUR property than he would have to be trespassing in order to cut the tree down. That being said, you have the right to charge him with that crime and the crime of destroying your tree on your property. I believe he has the right to ask you to cut the limbs that are over his property but he should do that in writing, and he shouldn’t cut the limbs himself, it’s your tree if the trunk is on your side of the property line.

[Zippyman]

He can cut any portion of the tree that is on his side of the property line without your permission.

He owns the airspace, and to the center of the earth - and you own the same on your side of the property line.

You don't need permission from "the county" to cut a tree that's on your property.

That said, neither of you should get very excited about things near (what you believe as) the property line - unless you've hired a licensed surveyor to show you where that line is, and plant a monument.

Fences, walls, light poles, and whatever the Realtor told you about where the property line is are all pretty much worthless info.

You don't know where your property is, unless you have a survey in your hand.

[observer53]

Originally Posted by Zippyman

He can cut any portion of the tree that is on his side of the property line without your permission.

He owns the airspace, and to the center of the earth - and you own the same on your side of the property line.

You don't need permission from "the county" to cut a tree that's on your property.

That said, neither of you should get very excited about things near (what you believe as) the property line - unless you've hired a licensed surveyor to show you where that line is, and plant a monument.

Fences, walls, light poles, and whatever the Realtor told you about where the property line is are all pretty much worthless info.

You don't know where your property is, unless you have a survey in your hand.

Good info.

The fact that the neighbor in question is the OP's son in law, and the relationship seems poor to say the least, only complicates this situation.

[ScottsdaleMark]

Originally Posted by observer53

Good info.

The fact that the neighbor in question is the OP's son in law, and the relationship seems poor to say the least, only complicates this situation.

Maybe a rapprochement or de-escalation of hostilities in the relationship in general would go a long way toward solving the tree problem. Because I know I have gotten perhaps unreasonably irked or annoyed by little things when I'm mad at a relative, that wouldn't bother me in the slightest if, say, my wife did them. When you're in a beef with someone, it's easy to let little things get you riled up and it sounds like the neighbor is taking out his frustrations on this poor old mesquite tree that just grazes his property.

I wonder if the OP's daughter could assist in mediation...or maybe she's already tried and refuses to intervene in the tree dispute? I think neighbor disputes, related or not, can be dangerous because your antagonist is literally there 24/7/365 and we've all seen on the news, etc., situations where it gets totally out of hand and leads to property destruction, threats and even violence.

Unfortunately a survey is expensive and could just complicate the situation ... what if the backyard block wall turns out to be 100% on his property? He could do all sorts of juvenile and aggressive things then to antagonize the OP.

[Zippyman]

Originally Posted by ScottsdaleMark

Unfortunately a survey is expensive and could just complicate the situation ... what if the backyard block wall turns out to be 100% on his property? He could do all sorts of juvenile and aggressive things then to antagonize the OP.

On the last survey I had done, one of the neighbors was present, and no one in the area had done a real survey in decades. The surveyor sunk his first monument at a corner of my property, and my neighbor turned white, and literally looked like he was about to pass out. After the second monument was placed, he perked up an admitted that he'd built his garage without a permit or a survey, and he initially thought that monument meant I owned his garage.

A few years later, the same neighbor sold his house & bought another one around the corner from his old house. His first improvement was a very nice barn (again, without a survey). Ten feet of that beautiful new barn was built on a neighbor's land. "Saving" $900 on a survey cost him $10,000 for an easement + $3000 in legal fees.

That said, the money I spent on a real survey was well worth it. My land was clearly defined & I was able to clean up & utilize the entire lot without nearly as much whining from the neighbors.

[ScottsdaleMark]

Very interesting and something I will consider if I ever consider building an addition.

I did find out once when a hit-and-run driver took out part of a slump block wall, that I thought was on the city's property since I had a second cinder block wall closer to my house...nope, the slump block wall was definitely on my property and I got written up by code enforcement to fix it on my dime. So until you examine the plats or get a survey you are right that you can not realize what's yours and what's not yours.

[Mister-A]

Originally Posted by Zippyman

A few years later, the same neighbor sold his house & bought another one around the corner from his old house.

You'd think your survey would have taught him a lesson. I think ordering a survey would be the first thing I'd do for my peace of mind.

I do remember seeing a real estate thread about the Phoenix area, where someone discovered that a house they were about to buy had an overhanging eave from a neighbor's addition. It intruded something like 8" into the property and he felt strongly that it was unreasonable and had to be fixed.

He was given three suggestions:

- Go to court and start a lifelong feud with the neighbor, which could easily escalate to nails in your tires or worse.
- Come at it with a Sawzall and start a lifelong feud with the neighbor, which could easily escalate to nails in your tires or worse.
- Buy some other house.

[teddyearp]

Get a survey first. Then if the mesquite still has parts hanging over the aggrieved party's property, cut the offending branches/parts back yourself to keep them and let the wood season and then use them in your barbeque and/or add them to your campfire wood for your next camping trip.

Easy peasy.

Or skip the survey and do the other.

[arleigh]

Some cities require a permit ,even if it is on your own property.