boundary tree

[hersh1]

My neighbor cut half of a mature coconut palm the trunk of which, according to a recent survey, is just over my property line.

According to his survey, the tree is wholly on his property.

Is it necessary for a larger portion of the trunk to be on my property to categorize the palm as a boundary tree?

Am I protected against this unilateral action?

I would appreciate a comment on this subject.

Thank you.

Normally he can only cut up to your line and he has to take care not to kill the tree if cutting unless danger exists.

You can sue him for any damages. Small claims court, or higher court.

There are two palm trees planted by the neighbor many years ago whose trunks are now partly in our property. I assume this makes them "boundary trees." The neighbors hired people to remove the trees and I suspect they are getting money for them. They claim (which is visibly the case) that the palm fronds are damaging their roof and interfering with wires on their property. My mom agreed to let them remove them after a huge dispute over the trespassing on our property that left a huge hole in the yard. She is also worried about liability and maintenance costs if it results that the trees are partly our responsibility.

My questions are:
1) What responsibility and liability do we have in the issues the tree is causing on their property? Wouldn't they be responsible for trimming the tree on their side in a way that protects the health of the tree but also protects their property?

2) The trees provide shade for our home, which is a big deal during the infernal Riverside summers and considering we dont have an AC. Do we have any rights to the fact that when we bought the home, it was done thinking those trees were there to provide shade?

3) They offered us $300 for the trees, plus any repairs necessary to restore the damage done to our yard. However, if it turns out that I am correct in that they are selling the trees, do we have a right to receive half of the proceeds? And in turn, if it results that they are paying for it, are we responsible to pay for it in the event that we decide we dont want the trees torn down? Could we just tell them they are responsible for maintaining their side and we will maintain ours, which we have been doing to date?

The tree trimmers are scheduled to come tomorrow. Any suggestions you can provide would be most appreciated.

You two now have to agree or if you cannot a court can make a decision for you.