Reply to Neighbor has tree right on property line that has destroyed our fence

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Our neighbor has a tree right on the property line that keeps growing. The girth of the trunk has now pushed out and destroyed our fence. It was never like this before, because google has images from 15 years ago with our fence in tact from previous owners. [b]The tree is simply growing out of control and the neighbor left it growing in a terrible spot. [/b]

And no, we can’t cut down the portion invading our yard. It’d require basically splitting the trunk in half because it is straddling the property lines. What can we do here? [/quote]

You move the fence.  But, I am curious - what do you think your neighbor should have done in the past to prevent this situation?  [/quote]

You move the tree over away from the property lines, duh.

What makes you think you have the right to plant crap right near the line and ignore all of the implications for how growth will impact other peoples' private property.. it would have taken 10 seconds of effort initially to put the tree in a more appropriate spot.

Moving the fence is not easy and costs $$$$. Fences always have to be dig out because they're secured with cement base.  Why should a neighbor's personal choice now impacting someone else's private property force the nonconsenting party to have to do all of the heavy lifting of modifying their fence that is already on their land?[/quote]

The current neighbor probably wasn't the one who planted the tree. Trees can only be moved when they're very little. If the tree predates the fence, as it probably does considering its size, it's the neighbor who put the fence who should have thought about the tree girth. Planting on property lines is habitual and not rude, PP. A section of fence costs less than cutting down a large tree, in case you were not aware.

Regardless of all this, legally, the current neighbor is not obligated to pay for anything, just in case OP was wondering.

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