boundary tree

This is a discussion on boundary tree within the Neighbor Law forum, part of the Other Real Estate Law Matters category; My neighbor cut half of a mature coconut palm the trunk of which, according to a recent survey, is just ...

Consult Your Own Personal Lawyer Now!
Reply

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Aug 10th, 2008, 01:45 PM   #1
Junior Member
 

hersh1's Avatar
 
Join Date: Aug 2008
Posts: 1

Default boundary tree

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.
hersh1 is offline   Reply With Quote
Sponsored Links
Our lawyers can help you avoid foreclosure to salvage your home, buy time to pay mortgage debts, and resolve your financial troubles. Consult Your Own Personal Lawyer Now!
Old Aug 11th, 2008, 08:32 AM   #2
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: boundary tree

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.
  Reply With Quote
Old Apr 4th, 2009, 01:18 AM   #3
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: boundary tree

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.
  Reply With Quote
Old Apr 4th, 2009, 01:36 PM   #4
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: boundary tree

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

Bookmark & Share

This thread has 3 replies and has been viewed 964 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

| More

Posting Rules
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
Oral boundary line agreement with fence Unregistered Other Real Estate Law Matters 3 Jan 25th, 2009 05:22 AM
Berry Tree kaka101 Internet HYIP Scams 1 Aug 2nd, 2008 12:04 PM
Neighbor's tree Wisslewj Neighbor Law 1 Jun 8th, 2008 09:53 PM
boundary issues utahdad Other Real Estate Law Matters 1 Jan 28th, 2008 03:30 PM
Boundary Line Issues Unregistered Neighbor Law 1 Jan 1st, 2008 01:19 PM


Our lawyers can help you avoid foreclosure to salvage your home, buy time to pay mortgage debts, and resolve your financial troubles. Consult Your Own Personal Lawyer Now!


All times are GMT -5. The time now is 12:59 AM.