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Cutting down box elders that may be on neighbor's property

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arachnid

Junior Member
What is the name of your state (only U.S. law)? wisconsin

We own a small commercial building that is surrounded on 2 sides by residential homes. Our lot was previously overgrown with Box Elder trees (junk trees on the Wisconsin DNR list as undesirable invasive species). We have spent the last 3 years cleaning up tons of junk and garbage, and cutting down these junk trees. On one side, the neighbors have a privacy fence, and in front of it (on our side) is a line of box elder trees that we've always assumed were ours. I measured across the front of our property, and measurements came out that took us safely behind the trees. Last year we cut down several dead trees in that same line, no one ever said anything. When I asked why they didn't, the neighbor told me he hadn't said anything because the trees had "needed" to be cut down anyway. This spring, several more were dead, and the trees were severely infested with box elder bugs. We cut down the remainder of the trees, with the intention of installing a much more aesthetically pleasing and effective privacy screen and natural landscape buffer of arborvitae. The neighbors have come alive now, and are furious, and threatening legal action, and demand we reimburse them huge sums of money. They will not allow us to remove the stumps until we write them a check in full. We've now ordered a boundary survey, it looks like some of the trees may indeed either be on the boundary line, or slightly over into their yard. It is impossible to speak to them, they are intimidating, bullying people. Even though their letter says they want money to replace their "loss of privacy and noise barrier" they won't allow us to grind out the stumps in order to do just that. All they want is a big fat check for what in reality was dead, diseased, bug infested junk trees. Where do we stand here? We never dreamed these weren't 100% our property when we cut these down!
 
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FarmerJ

Senior Member
Its a shame you didnt have a survey first before removing any trees BUT before you speak to a atty I would suggest you contact your city/ county to see if they have someone who fits title of forester or someone who is responsible for evaluating diseased trees and see if they can come out to take a look at any remaining trees even if they are over the property line and examine any remaining limbs you have from the removal, reason I say this is that it certainly wont excuse your actions BUT if you have a report in hand then you could keep it for when they sue you and if your atty advises you that it might help reduce the value of the claim and to use it so be it. If it goes to court expect to have to pay something BUT do all you can to reduce the damage, If your city ,county has no one who can assist you evaluating the remaining debris perhaps you will have to hire a aborist to do it for you. Even if your city has no one to do this also check city /county ords to see if they specifically address diseased trees that are on private property. Pretty much once you have more information then line up a atty to consult with and wait to see if they sue you.
 

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