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Trees on a boundary.

#Post
1

This may have been discussed before but I cant find it
If trees are growing on a boundary (centre-lined, not just hanging over), who owns them? The owner on one side is entitled to cut his tree down but what if a tree-hugger on the other side disagrees?

masturbidder - 2021-03-10 21:21:00
2

Hopefully it's not muffin............
Or a peach tree........

Just saying..............

smallwoods - 2021-03-10 21:33:00
3
smallwoods wrote:

Hopefully it's not muffin............
Or a peach tree........

Just saying..............

that’s a other branch of discussion.

sparkychap - 2021-03-10 21:35:00
4

Hope the branch does not turn into a thorny discussion.

mercury14 - 2021-03-11 06:07:00
5

Best approach is to discuss with neighbour, check your local council rules, you can get a survey to see where the boundary is. photo, documents, cut your side of the tree, everybody circumstance is different. Talk is the best remedy.

msigg - 2021-03-11 07:07:00
6
masturbidder wrote:

The owner on one side is entitled to cut his tree down

Is he though, as its not "his tree"....

sparkychap - 2021-03-11 10:53:00
7

Who planted them? Would that make a difference? If a prior owner owned one or the other property and they had planted the trees would they therefore belong to the current owner. One might presume only one of the property owners purchased and planted said trees.

bryalea - 2021-03-11 11:41:00
8
bryalea wrote:

Who planted them? Would that make a difference? If a prior owner owned one or the other property and they had planted the trees would they therefore belong to the current owner. One might presume only one of the property owners purchased and planted said trees.

What if I purchased and planted a tree in your back yard?

curlcrown - 2021-03-11 21:20:00
9
curlcrown wrote:

What if I purchased and planted a tree in your back yard?

If it is a native it belongs to the tree huggers and fruit trees your neighbours children.

gamefisher - 2021-03-11 21:44:00
10
curlcrown wrote:

What if I purchased and planted a tree in your back yard?


Well as has happened when someone planted a lemon tree in my front yard, the other neighbours come and flog lemons off it and I can't complain cause it isn't mine. But I do get to have lemons off it if I need them. It might happen if they planted it in the back yard too I suppose. I don't look upon it as my tree. Do you think it becomes mine because of where it is?

bryalea - 2021-03-13 20:32:00
11

The problem about making an agreement with the neighbour is it is a large cross-lease with multiple lessees. What might be possible with talking to one owner simply does not work with several.

masturbidder - 2021-03-14 21:24:00
12

Nothing that a drill and some woody weed killer wouldn’t fix.....

lakeview3 - 2021-03-14 21:40:00
13
bryalea wrote:


Well as has happened when someone planted a lemon tree in my front yard, the other neighbours come and flog lemons off it and I can't complain cause it isn't mine. But I do get to have lemons off it if I need them. It might happen if they planted it in the back yard too I suppose. I don't look upon it as my tree. Do you think it becomes mine because of where it is?

if it’s your land then you own the tree. If they don’t like it, dig the thing out and plant hair own!

lakeview3 - 2021-03-14 21:41:00
14
bryalea wrote:


Well as has happened when someone planted a lemon tree in my front yard, the other neighbours come and flog lemons off it and I can't complain cause it isn't mine. But I do get to have lemons off it if I need them. It might happen if they planted it in the back yard too I suppose. I don't look upon it as my tree. Do you think it becomes mine because of where it is?

So if the neighbour put up a garage on your land, you'd leave them to it, cos it wasn't yours????
Verrrryyyyyyyyy strange.

desi1969 - 2021-03-15 00:47:00
15
lakeview3 wrote:

if it’s your land then you own the tree. If they don’t like it, dig the thing out and plant hair own!


Whats to not like. The thing is I don't dislike my neighbours/neighbourhood. Some I have had there for over 40 years. Until the last decade when new people arrived we were walk in sort of neighbours. We came and went and helped each other as needed. We were a valley filled with people that were family as such. One might ring you and say right, I'm bringing the steak up we are having a barbeque at yours in half an hour (they have just sent someone to get the beers). Get the fire started. Who cares about a tree. It's been there 25 years.

Edited by bryalea at 9:33 am, Mon 15 Mar

bryalea - 2021-03-15 09:27:00
16
desi1969 wrote:

So if the neighbour put up a garage on your land, you'd leave them to it, cos it wasn't yours????
Verrrryyyyyyyyy strange.


Well I had someone put a bus on the drive for 2 years and I never considered it mine, and another a container for nearly as long. Currently got his pony, and also have someones pony they left here 12 or so years ago, and no, I never considered any of these things mine.

bryalea - 2021-03-15 09:32:00
17

Maybe the tree needs a visit from the "midnight arborist".. it is easier to ask for forgiveness than to ask for permission !!

onl_148 - 2021-03-15 11:27:00
18

If it's on the boundary then the tree-hugger is a bit screwed: the tree-hater can cut it in half down the middle, which would make it die regardless.

luteba - 2021-03-15 12:29:00
19
bryalea wrote:


Well I had someone put a bus on the drive for 2 years and I never considered it mine, and another a container for nearly as long. Currently got his pony, and also have someones pony they left here 12 or so years ago, and no, I never considered any of these things mine.

If these things bother you and you feel you 'can't complain' as per post number 10, then frankly you're a bit of a sucker.
If however they don't bother you and you've given permission as you imply in other posts, then really none of it is relevant to the OP.

desi1969 - 2021-03-15 14:45:00
20
bryalea wrote:


Well as has happened when someone planted a lemon tree in my front yard, the other neighbours come and flog lemons off it and I can't complain cause it isn't mine. But I do get to have lemons off it if I need them. It might happen if they planted it in the back yard too I suppose. I don't look upon it as my tree. Do you think it becomes mine because of where it is?

If the answer is no I could start an orhcard or vinyard for millions of dollars less than what I thought.

curlcrown - 2021-03-15 18:44:00
21

If the trees are truly on the boundary, are they not then the fence? A live fence?

pico42 - 2021-03-16 08:18:00
22
pico42 wrote:

If the trees are truly on the boundary, are they not then the fence? A live fence?

Possible, although the specimen example is a "close and sufficient live fence" for it to be adequate. I would imagine a good argument for trees being planed on the boundary were intended to act as markers of the boundary and a de-facto fence. Photos from the OP would be nice....

sparkychap - 2021-03-16 08:31:00
23
sparkychap wrote:

Possible, although the specimen example is a "close and sufficient live fence" for it to be adequate. I would imagine a good argument for trees being planed on the boundary were intended to act as markers of the boundary and a de-facto fence. Photos from the OP would be nice....

Will never happen, same as muffin's peach tree.

smallwoods - 2021-03-16 08:48:00
24
smallwoods wrote:

Will never happen, same as muffin's peach tree.

I completely missed Muffins peaches. Seems they were legendary.

sparkychap - 2021-03-16 08:52:00
25
sparkychap wrote:

I completely missed Muffins peaches. Seems they were legendary.

His peach muffins are another experience.

smallwoods - 2021-03-16 13:29:00
26
smallwoods wrote:

His peach muffins are another experience.

ah yes, sitting on that cross lease deck, looking out at the peach tree roots under the fence, eating muffins made with peach nicked from neighbours tree. slurp

jethrocat - 2021-03-16 21:22:00
27
sparkychap wrote:

I completely missed Muffins peaches. Seems they were legendary.


Haha that was a great thread. Sadly muffin has disappeared rather like the sheepish lion ????????????

mowerman99 - 2021-03-16 21:41:00
28
mowerman99 wrote:


Haha that was a great thread. Sadly muffin has disappeared rather like the sheepish lion ????????????

Gone over to the "other" side, still under "muffin"

Just sailing..

smallwoods - 2021-03-16 23:43:00
29
masturbidder wrote:

This may have been discussed before but I cant find it
If trees are growing on a boundary (centre-lined, not just hanging over), who owns them? The owner on one side is entitled to cut his tree down but what if a tree-hugger on the other side disagrees?


One owner will of purchased the trees within their boundary line. You cannot plant just half a tree. Check the purchase papers and property line.
Arrange for a surveyor to measure boundary line to mark it. If they are the neighbours you can only trim back the overhang on your side. Rural? Residential? You didn't say?

trellisstation - 2021-03-17 10:42:00
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