Boundary Tree

What is a boundary tree? You may be asking yourself right now. That's when you find out that the tree encroaching on your property is, according to the neighbor and his $350 survey, really on your property. Or at least most of it is. Even though, when you approached this same neighbor 4 years ago about the fact that the tree was pressing into your garage's gutter, the first words he wailed were that his mother planted that tree!

Now I got an estimate for the removal of this towering ash, whose limbs were all cut away from the neighbor's side due to the power lines that now run along the property line, right next to the tree! and it's only $1400 to remove, $1500 if he hauls away the wood. And no discount if we pay by credit card, regardless. And we would have to do that or take out a loan. We have been trying to get him to split the cost all along. The price did drop from last year's estimate, due to the fact that he just tore down his eyesore of a racoon-infested garage. To rebuild it, he needed to get the survey done. I would like to have the tree removed before he puts up another garage. But even if my husband agreed to pay for it fully ourselves, the tree service says A. it's a very dangerous tree to remove and B. he would have to go on both of our lots to do it. My husband says he should pay half.

ARGGHHH! I need a lawyer. Or do I?? Anybody have similar tale of woe, and how was it resolved?

No lawyers here, but you do need your neighbors permission to cut the tree down. He isn't required to take action or pay unless you can show that the tree poses an immediate threat to damage your property or safety. That is my understanding of the laws in the land of Lincoln. Never had to look into it, so take my response with a margarita.

Willis

I would consider having your own survey done unless you've got a copy of the survey he had done and believe that it's trustworthy, it wasn't clear from your message if you'd actually seen the survey or if this is just what he was telling you. Funny how the tree was his until all of a sudden it needs to be cut down and is going to cost money, and now it becomes yours. How convenient!

If it truly is on your property, I don't think there's any way you can force him to pay for half, but if he won't grant access to his property to remove it then you may be able to legally force him to allow access so the tree can be removed. However, be prepared to pay for every single teensy bit of damage that the tree removal guys do on his property if you go that route, he won't exactly be in a neighborly mood!

Thanks, I did see the survey, but only over the fence, LOL. He was showing it to the village inspector after I called him about it. The stakes are going to remain until they complete the new garage, and he did tell me where I can obtain the survey, for a fee, LOL. Or I could call someone else, but I have no reason not to believe him.

I did send him a certified letter once regarding the damage the tree is doing to my property, since the tree's entire trunk is leaning into my garage's gutter. I don't think the danger is to my safety, just my property (which is already damaged), only safety issue is if it falls (act of God according to my insurer). Then I would surely have to replace more than a bent gutter, which would be covered by my own insurance, minus the deductible of course. I asked him to pay half, and he refused, but he did give me permission to remove the tree. I guess now I just need to get his written permission to go on his property and remove it. Can I just print off a Hold Harmless Agreement from somewhere for him to sign? According to the law I've read, I could compel him to pay half, in court. This was our first house (and probably our last at this rate), so live and learn. My husband is upset that he won't pay half, but I figure he's just being hateful, and that's not my problem. To my mind, it would cost as much to sue him over it than to just get the tree removed! Am I thinking the right way? BTW The owner rents his property out, he lives in Florida, but maintains an address down the street from me, where his daughter and son-in-law now live (they're the ones putting up the garage).

I would forget about trying to get him to pay half at this point and settle for the permission for the guys to come on his property while they're doing the removal. I think you've got the right though that trying to sue him to make him pay is probably going to be more trouble than it's worth for the amount of money involved!

Thanks guys, I just talked to a lawyer kind enough to give me a half hour of his time! He agreed with all of us, that I might be right, but it would cost as much or more to compel him to pay half, so just go ahead with getting written permission and having it removed. He also gave me the name of a tree guy who took down a huge tree for him for only $800, so I called for an estimate! Keep your fingers crossed that I get such a deal, LOL.