Tree damaging fence. Help!!!

[khansen97]

What is the name of your state (only U.S. law)? Alabama

I have a very expensive privacy fence in which my neighbor has a baby tree that has grown up against and has started to damage the fence. Boards are coming off the base and the gate will not close anymore. I have talked to him multiple times about it and he seems very nice till he calls the cops when my dog gets into his yard. And than he tells me he is going to kill my dog and is very nasty.

At this point I don't know what to do. Since the tree is growing directly into the fence the tree has to come down before I can repair the fence. And the cops keep telling me it's my responsibility to fix the fence. I'm done being nice with my neighbor. I want the tree down and the fence fixed so I have no reason to talk to him again!!!

Does anyone have any advice for me on what to do?

 

[TheGeekess]

What is the name of your state (only U.S. law)? Alabama

I have a very expensive privacy fence in which my neighbor has a baby tree that has grown up against and has started to damage the fence. Boards are coming off the base and the gate will not close anymore. I have talked to him multiple times about it and he seems very nice till he calls the cops when my dog gets into his yard. And than he tells me he is going to kill my dog and is very nasty.

At this point I don't know what to do. Since the tree is growing directly into the fence the tree has to come down before I can repair the fence. And the cops keep telling me it's my responsibility to fix the fence. I'm done being nice with my neighbor. I want the tree down and the fence fixed so I have no reason to talk to him again!!!

Does anyone have any advice for me on what to do?

You can't do anything that will kill his tree. You might have to move the fence back a bit if you can't convince him to transplant the tree elsewhere.
http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/137053.htm

 

[OHRoadwarrior]

Actually, I suggest OP sue the neighbor in court for damages caused by the tree and request the court order neighbor to prune his tree or remove it. OP cannot take action on neighbors property to remedy the situation.

 

[Ben T]

Small claims court is pretty good start. Get them in there where a judge, or arbitrator can look at both sides.

Additionally, the fine for removing a tree that's not your own isn't too $. However, the bit built in about trespass leaves the door open for some interesting consequences related to self help. And dogs going onto your neighbor's property.

http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/35-14-1.htm

 

[Cedrus]

What would be the consequences of you digging down at fence line, by the tree, and inadvertently slicing the tree roots ? After all, you were going to install some irrigation or outdoor lighting.

 

[PaulMass]

What would be the consequences of you digging down at fence line, by the tree, and inadvertently slicing the tree roots ? After all, you were going to install some irrigation or outdoor lighting.

If you're going to suggest illegal self help, why not something more permanent?