The tree problem (Austin, Early: fit in, 2014, house)

[DMChicago]

So we bought our house in November 2014. It was very clear that the prior owner extended the landscaping past the property line onto the vacant lot next door. A palm is planted completely on the neighboring property.

Now someone has purchased the lot and construction of his home is about mid-way through.

Early on, I discussed the tree with him, letting hime know that the tree was there when we bought our home but that I am aware that it is clearly on his lot and he could do what he wanted to do with it. I also mentioned that if he could incorporate into his landscaping, that would be great.

Shortly thereafter, he emailed me to say the tree would fit in with his landscaping and he would keep it and pay me $100 for it.

I declined the money stating that the tree is on his property and no need to pay me for it.

No he says his plans for landscaping has changed and he wants me to remove the tree asap, since it is my tree.

I have replied that the tree is clearly on his property and he could remove it whenever he wishes.

Should I have to pay to remove the tree? It's a decent size palm. It would probably take professional assistance to remove at a cost.

[CptnRn]

It was there when he bought the property. You did not put it there. He needs to deal with it like he would another tree that was there when he bought the property.

[Trainwreck20]

^^ yup.

[Austin97]

Originally Posted by CptnRn

It was there when he bought the property. You did not put it there. He needs to deal with it like he would another tree that was there when he bought the property.

agreed. The tree has nothing to do with you, he can always take it up with the person that planted it.

[CptnRn]

Originally Posted by Austin97

agreed. The tree has nothing to do with you, he can always take it up with the person that planted it.

I don't believe he has any recourse with the person who planted the tree either. That was long before the current owner bought the property.

[Trainwreck20]

Originally Posted by CptnRn

I don't believe he has any recourse with the person who planted the tree either. That was long before the current owner bought the property.

Yes, I think he was being a bit sardonic...

[CptnRn]

Originally Posted by Trainwreck20

Yes, I think he was being a bit sardonic...

[DMChicago]

He has agreed to let the builder remove it. Something I suggested months ago.

I think he's gonna be a "great" neighbor!

[JT-3]

This is a tough one because y'all going to be neighbors.

Only because of that and a show of being neighborly, I'd offer to split costs. Otherwise he can pound sand. GL!

[fminogue]

You don't have any legal obligation to remove the tree. You did not put it there. But it sounds like the builder has agreed to resolve the problem. Just thought I would let you know you were in the right......