What is the name of your state? CA
The PL for one side of my property is shared with two neighbors.
I have a fence that is entirely on my side of the PL but juts in 1.5ft to avoid trees (7) that run along the PL as follows:
__________A__________|__B__-----B-----
When I purchased the house 3 yrs ago, These two neighbors had their own fence which created a "No Man's Land" between our properties. Recently, both neighbors have removed their fences so they could use this extra 1.5 feet. I had the PL surveyed and I want to now move my fence to align
with the section -----B----- which is just on my side of the PL to re-claim my property.
But, even though the centerline of all trees is clearly on my side of the PL, the trunks of 3 of these trees have grown such that they are now 20 to 40% over the PL. I have read on these forums that when objects (sheds, etc.) encroach on the PL, this is considered a trespass and the property owner can insist that it be removed. But, for some reason, when a tree encroaches, it becomes shared property. Is this true?
I want to remove these trees but, Neighbor B is claiming that two of these trees belong to her. If that is the case, can't I ask her to remove them
since they encroach on my property? They are clearly 60-70% on my property but if she wants to own them shouldn't she have to pay to
have them removed?
Any thoughts or comments are appreciated. Thanks.
The PL for one side of my property is shared with two neighbors.
I have a fence that is entirely on my side of the PL but juts in 1.5ft to avoid trees (7) that run along the PL as follows:
__________A__________|__B__-----B-----
When I purchased the house 3 yrs ago, These two neighbors had their own fence which created a "No Man's Land" between our properties. Recently, both neighbors have removed their fences so they could use this extra 1.5 feet. I had the PL surveyed and I want to now move my fence to align
with the section -----B----- which is just on my side of the PL to re-claim my property.
But, even though the centerline of all trees is clearly on my side of the PL, the trunks of 3 of these trees have grown such that they are now 20 to 40% over the PL. I have read on these forums that when objects (sheds, etc.) encroach on the PL, this is considered a trespass and the property owner can insist that it be removed. But, for some reason, when a tree encroaches, it becomes shared property. Is this true?
I want to remove these trees but, Neighbor B is claiming that two of these trees belong to her. If that is the case, can't I ask her to remove them
since they encroach on my property? They are clearly 60-70% on my property but if she wants to own them shouldn't she have to pay to
have them removed?
Any thoughts or comments are appreciated. Thanks.