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  1. #1
    Join Date
    Jun 2009
    Posts
    1

    Default Natural Trees Directly on Property Line

    My question involves real estate located in the State of: Ohio

    I moved into my home (built in 1925) a year ago and just recently got around to performing some yard work. I wanted to wait until I have the land officially surveyed. My back yard and the neighbors is about a 1/2 acre each and running directly through the property line is a set of smaller trees that you can obviously tell were not hand planted but naturally occurring.

    I cut down two of the them... one was definitely on my side of the line and one was on his. When I say these trees are right on the line... I mean give or take 6 inches to either side or there are some trees that are dead center on this line.

    My question is this: When it comes to naturally occurring items like this on a property line that are so close - how do you determine what to do?... I apologized for cutting the one tree down. But I don't think he cares... I realize it is my fault on the one...

    The tree leaned into my property and I wanted it down. I know that easement laws called for things not to be planted or placed within a certain distance of the line. He said he planted these trees - I can tell you he most certainly did not... I am 100% positive the were there naturally and acted and a natural division.

  2. #2
    Join Date
    Jun 2009
    Location
    Houston, Texas
    Posts
    75

    Default Re: Natural Trees Directly on Property Line

    twiggs462 ask...

    "When it comes to naturally occurring items like this on a property line that are so close - how do you determine what to do?"

    Typically when a tree straddles the boundary (part of it in one property and part in another) both property owners have rights associated with it. In general (barring some local governmental requirement or restrictive covenant) you have the right to maintain the tree as you see fit on the part of the tree ON YOUR PROPERTY. As long as such maintenance does not cause the death of the tree (This includes what you might do to the tree roots as well). The fact that the neighbor may have planted them has little to do with this principle.

    If you want to remove a tree (that straddles a boundary line) then it would be prudent to get the permission of the adjoining property owner.

    You said you wanted to wait until a survey was performed. That is a good idea in my opinion. Once a survey is performed you will know which trees are straddling the boundary and which trees are not.

    Good luck.

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