trees bordering property line

[gus39]

What is the name of your state? What is the name of your state? michigan

there is a 100 ft line of trees on the border of my property.
a recent survey of my property shows the trucks of all the
trees to be at least 4-5 feet within the boundries of my lot.
my neighbor feels they are jointly owned since the limbs
extend several feet into both his and my property. he also
wants to cut them down to extend a 20 ft easement he
currently has on my property.

question#1
since the trucks are clearly on my side of the property and not
the lot line do they not belong to me?

question#2
the trees have been in place for over 20 years and my
neighbor's easement has only been in place for 2 years.
would he have any right to remove the trees? (they were
obviously there when the easement was drafted and his
easement rights are not being hindered by the trees.)

 

[JETX]

Q1) "since the trucks (trunks??) are clearly on my side of the property and not the lot line do they not belong to me?"
A1) Yes. The lot line is specific. What is on your side (the main portion of the tree and the trunks) is yours. What overhangs the lot line (branches, etc.) can be trimmed by the other owner, but not to the detriment of the livelihood of the tree. Simply, the other owner can do nothing to cause damage to YOUR tree(s).

Q2) "the trees have been in place for over 20 years and my neighbor's easement has only been in place for 2 years. would he have any right to remove the trees? (they were obviously there when the easement was drafted and his easement rights are not being hindered by the trees.)"
A2) This is a trickier issue and would require someone to read the easement itself and determine the rights transferred with that easement (if any). See a local attorney for this one.

However, since no one knows what the other person may or may not do, I would suggest that you send your neighbor a nice, polite letter (certified RRR) confirming that he is NOT to cut any trees and that if any trees are cut without your express written permission, he could be found liable for the damages.

 

[HomeGuru]

I agree with Halket.
One thing I do not understand is how within a matter of 2 years the neighbors' easement rights could be hindered by the trees.