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Tree on property line?

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jdon68

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

For nearly six years I have been maintaining a wild growing tree between my property and my neighbor’s without question or concern from the neighbor of who’s tree it was. The tree was there when both of us built our houses. I have always trimmed the tree to mow and weed eat around and he has always mowed to his side of the tree almost four feet to avoid the branches.

The last couple of years there has been bad blood between us and his kids where charged and found guilty for shooting at my house with a pellet gun.
I erected a privacy fence between us to one keep his kids off my property and from having to be harassed by them, and secondly to insure my dog stays off there property, and keep my own kids somewhat safe.

Prior to erecting the fence I trimmed the tree branches on my side of the property in order to get the fence under the tree. In doing so, I gave me over foot of my property for nearly 200ft. I personally did not go on his side and trim because I figured it would be come an issue. Unfortunately, my father came the next morning to meet the surveyors and the fence builders and saw the tree was lopsided and trimmed and dress the tree up. I guess thinking I did a poor job!

The survey then showed the tree to be just left of the center of the properly line, meaning the several small trunks(maybe 2 to 6 inches) are on the property line but the center is just to the left of his side.

Six months later he is charging me with destruction of property, even though the tree is still living and already sprouting new branches from the trimmed branches and the tree is on the property line.
I have read about he self help laws and etc, however this seems to apply to a tree on one side of the property and having the right to trim branches over hanging ones property.

What if anything applies to a tree clearly on the property line? In addition, anything regarding the fact that I have been maintaining the tree for several years without his complaint or notion that it was his tree? For what’s worth, he also saw and stood by me the night I was trimming the tree but did say a word about stopping or do you own this tree…he was only screamed about the “no trespassing” papers he was just severed.What is the name of your state (only U.S. law)?
 


JustAPal00

Senior Member
He can't charge you with anything, only the authorities can. Have you spoken to the police? If not, then don't. Do not admit to anything. If he is suing you, he will have to prove you did it. Do not admit to anything. Force him to prove his case.
 

Nippy

Junior Member
As I understand this....

....your contractor 'accidentally' trimmed the branches of what's basically a "Jointly owned" tree? And he's upset, ostensibly b/c you'trespassed', but probably b/c of the tension btw'n you that predates this incident.

If I have that right, then you need to contact the tree expert and have him send you a detailed report on the condition of the tree and the need to trim the other branches to prevent the extra weight of them from toppling the tree over onto HIS yard in a storm situation. This is not only a slick legal strategy (better than 'saying nothing' and hoping the judge believes that you didn't trim those branches....they hate it when you think they're stupid!), but it's actually correct from an arborist perspective: Trees are more likely to topple in the direction of greater weight.

Unless and until he files something (unlikely as there's no real damage here other than his pride...and no real remedy...alas and mercifully there's no recourse for bruised egos!), I'd do nothing.
 

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