I want to build a fence in my back yard along the rear property line. But there are three big (60-foot plus) trees that lie, as far as I can tell, right on the property line. As in the property line goes right through the middle of each tree. I don’t want to take the trees out, but it seems that if I don’t, I’ll have to build my fence with a big gap to accommodate each tree, or else build the fence several feet in front of the trees, isolating the trees (and a few feet of land) from the rest of my property.
I have a vague idea that it would help me solve this problem if I knew who the trees actually belong to. I think I heard once that if a tree is on your property, you are responsible for the whole tree, even if it hangs over someone else’s property or God forbid drops a thousand-pound branch 50 feet onto someone’s brand new Mercedes.
So…assuming they are directly on the property line, whose trees are these? Is it even possible to answer this question without hiring a surveyor?
Having it surveyed is really the only good option. I have a few family members who have all had neighbor troubles thanks to improperly placed fences.
The years of quarrels with neighbors is not worth it. Even if the current ones are cool, you never know who else is going to show up if they sell, and if you sell first your buyers might be smart enough to check that kind of stuff first and then you’ll have to rectify it before selling anyway.
If they are right squarely on the property line, they would belong to both property owners. You would have the qualified right to do whatever you wanted to the part of the trees on your side of the line. I say qualified because in some instances, you may not be free to simply chop them in half at the line and let the chips fall where they may.
As for a recommendation, why not ask the owner of the property they appear to abut/straddle/be partially on and ask that person if they know who the trees “belong” to? If they think the trees are yours, you are probably free to do as you wish as a practical matter. If they think the trees are theirs, you may have to actually survey the boundary to determine your rights, if you do indeed decide to do something in the way of a fence.
I don’t know where you are from but in most Canadian cities they have a position of a fence judge. You just call city hall and explain the problem and this city employee comes out and makes a decision on the issue. It’s the best way to solve any fence problems because they sure can stir up some bad feelings.
In New York State there is the position of “Fence Viewer” (much like gustp describes for Canada) whose job it is to resolve such disputes-- but AFAIK nobody ever is appointed to such jobs and the Assessor has the duty of serving as Fence Viewer in the absence of an appointed Fence Viewer.
Thanks for the replies. I am hoping the trees turn out to be the other guy’s. His house, and the line of trees, were here for many years before my lot was subdivided from the farmland behind him by Urban Sprawl Developers, Inc.
The other guy rents out his property and doesn’t take care of the backyard, and I’m tired of looking at his mess. That is the primary reason for the fence. (The other reason is to block out road noise from the fairly major road the other guy’s house sits on.)
One of those limbs from the “our trees” fell on my boyfriend’s car two years ago. Rather than fight about it or pay to have it surveyed I just paid the damage. Too much hassle. Six pecan trees on the property and every single damned one of them on the line.
What’s the rule on fences and property lines in your area? You may be required to set the fence back from the trees just to get it the right distance away from the line.
