PROPERTY LINE DISREGARD

[teap]

I've owned my home since it was built. Many people have come and gone on all sides of us. We put up a fence with a chain wall shortly after moving in the home and it was placed approx. 6 inches inside our property line to avoid legal issues as suggested by the contractor. A tree is growing outside our fence which is pushing the chain wall out of alignment. I don't like the tree where it is because the previous owners had a shed by the fence and the tree just started growing by itself in the small space between the shed and the fence. When the new owners came they removed the shed, but didn't uproot the small tree. Right near this area is a utility access for the phone company (I don't know what they call it). I'm afraid the roots of the tree will not only destroy our chain wall, but cause damage to phone lines. I tried to get the phone company to look into it, but all they would do is come mark the yard as if we were going to do some digging. Do I have any rights to having the tree removed? I'm sure at least a quarter of the trunk is on my property. I don't want to approach these people I don't know with something like this, but I don't want problems from the ever increasing size of this tree.

 

[LorettaL]

You need to talk to your neighbor. From what you've said 3/4 of the tree belongs to him; therefore you don't have any right to cutdown the tree without his permission. You only have the right to cut down limbs that are overhanging onto your property, but your complaint seems to be that the trunk and root system may eventually cause problems, if so you need to approach your neighbor despite any discomfor you might feel.