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  1. #1
    Join Date
    Jul 2015
    Posts
    1

    Default Neighbor Planted Trees 30 Years Ago, but They Are Entirely on My Property Line

    Dear Expert Law Members,

    I recently purchased a property 4 weeks ago in Los Angeles County, CA. There is no fence between my property and the neighbor's property, however, she planted a line of bushes (according to her, 30 years ago) which separate the two properties. These bushes have grown to 30ft with branches as thick as a tree and all of them were leaning over my property. In addition, the pink flowers from this trees keep falling onto my property every single day and it makes a huge mess. In fact, the entire hill on the left side of my property is dried up leaves and flowers that have fallen from these trees. It looks like the hill hasn't been cleaned for years.

    I need to put a fence between our properties because I own a large breed dog and don't want my dog to run away or go to my neighbor's yard. I spoke to the neighbor in regards to trimming the trees so I can put up a fence, and she suggested that I can trim whatever was on my side. Since determining what "My side" was, I was very conservative with trimming them.

    After trimming them, I was still unhappy with the way the trees are, because the branches still lean about 4 feet onto my property. So I had a survey done on the property and it appears that the trees are actually on my property line. In addition, on the corner of my property, she put some concrete and has a dog house there, which is also on my property.

    I am currently going to school for my real estate sales license and came across the topic of adverse possession and encroachment. From what I have read, I do not have permission to completely cut these trees off, even though they are on MY property.

    I simply want to get rid of them so I can put up the fence without losing a part of my property by having to put the fence 5ft away from the line of trees. I also don't want these trees to grow again within the next year and begin to damage my fence.

    Can someone please give me advice and teach me on my rights and how to move forward with removing the trees on my property and putting up a fence?

    Thanks in advance.

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,569

    Default Re: Neighbor Planted Trees 30 Years Ago, but They Are Entirely on My Property Line

    Can someone please give me advice and teach me on my rights and how to move forward with removing the trees on my property and putting up a fence?
    No, sorry. From what you have posted, no one here can give you a definitive answer as to your rights in the situation you have described.

    Without a survey in advance, you have apparently purchased a parcel of property "as is", without knowing the boundary or the facts of prior possession before purchase. Accepting the deed at purchase, you are assumed to have known all of that in advance so ignorance is not a defense at this point. It's likely already assumed at law that you had the opportunity to examine the property, including all aspects of the situation, including possession. Your neighbor may or may not have valid rights. No one here can speak to that at this point.

    If you have title insurance, which includes the insurance of an included specific survey, you may have a claim.

    Best to get with a local real estate attorney to determine your rights at this point. Don't destroy anything already existing on what you think is your property without legal advice.
    Resistance is not futile; it is voltage divided by current.

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