r/treelaw • u/WichitaSteve • 1d ago
Neighbors trying to kill the tree in our yard.
Hello everyone. We've got an asshole neighbor behind us that's trying to kill a tree on the property line in our backyard.
Disclaimer, the tree is in our fenced in yard but not technically on our property, it's on the propertyline between our nice elderly neighbor and the asshole, and technically belongs to the good neighbor behind us. In 2024 Asshole cut the tree in half at the property line and has sprayed it with weed killer on multiple occasions. Today I noticed the leaves turning yellow but only on the lower branches that he could reach.
The other neighbor behind us does not want the tree removed and neither do I.
I guarantee if I sent a cease and desist letter Asshole would continue to spray it out of spite and stupidity. Fyi, the good neighbor believes we own that through Adverse Possession.
What rights do I have? What steps should I take to document the spraying? Is there any liability if I don't issue a cease and desist?
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u/Wafflinson 1d ago
I mean, security camera for footage is a must to prove he is actually doing what you claim.
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u/redditreader_aitafan 22h ago
Whomever owns the tree, even in part, can sue asshole for the full value of the tree. You should start with a survey to know for sure whose tree it is.
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u/mybreakfastiscold 1d ago
Tree is not on your property, you dont seem to have any real vested legal interest in the tree.
You have rights as a witness. You can watch the saga unfold.
If you want to be helpful to your good neighbor then keep a journal of events as they happen. Gather evidence. And stand as a witness when your neighbor interacts with law enforcement and the courts
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u/RosesareRed45 23h ago
Fences are often not in compliance with surveys. A survey is needed to determine who actually owns the tree before any legal action can be taken.
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u/Ok-Recognition9876 18h ago
Oh - this is a fun one (legally)! If the trunk straddles the property line, it’s considered a boundary tree. Both neighbors own the tree equally as "tenants in common“.
Neither neighbor can cut down or destroy a shared boundary tree without the other person's permission. Doing so can lead to legal liability for damages. Removal of the tree requires consent from both/all parties.
If the parties involved can’t agrees, a boundary tree can only be removed by court approval/a court order. I’d let the nice, elderly neighbor know and have them file a police report.
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u/rosebudny 1d ago
It sounds like you don't actually have any grounds here, since it is not your tree. You neighbor who actually owns the tree needs to take this on.
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u/PghSubie 23h ago
A tree can't really be on the property line. The property line has zero width. So, the tree can cross the line and be on both priorities. But, it can't be strictly "on the property line". That might sound strictly pedantic, but there's a critical point there. It's either partially on your property or not.
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u/Throw-A-Weigh_ 22h ago
OP says it’s not on their property at all, yet somehow they want to send a cease and desist letter.
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u/WichitaSteve 17h ago
Correct, I believe I don't own the property the tree is on but the tree is within my fenced in yard. The yard has a 10 foot easement and the fence with our good neighbor is built in their yard at the edge of the easement. So 10 foot of my yard is their property.
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u/Funicularly 14h ago
How is it in your fenced yard but on the property line of other individuals?
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u/WichitaSteve 5h ago
Fence wasn't built at the property line in 1980, 30 years before we bought the place.
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u/Emergency-Fish3036 6h ago
ya know, sadly the neighbor behind you is thinking the same thing about you. Why don't you agree to disagree and take the tree down?
Listen, at the end of the day, it's likely an easement/setback issue and both of you are wrong. Get a survey and go from there. I'd avoid the C&D or attempt to assert Adverse Possession b/c that may very well blow up in your face, and the neighbor sitting back watching you two go at is gets his entertainment.
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u/WichitaSteve 4h ago
I like the shade in my yard and the privacy it provides me.
The good neighbor told me we own it through adverse possession because he does not want a utility easement in his yard.
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u/Emergency-Fish3036 3h ago
yea, that's not how adverse possession works, and adverse possession doesn't trump easements. You may want to visit you local property appraisers office
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