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»Real Estate Law
Real Estate Law - General Real Estate Law Questions

  Page 29 of 34

There is a tree located in our back yard that is half on our property and half on our neighbors. Can we cut it down?
Only the part that is on your property.Your options are:1) Get the neighbor to agree that you may cut down the tree.2) Cut it down and hope the neighbor doesn't sue you.3) Cut off any part of the tree that extends over your property line (branches, portions of trunk, roots, etc.). These parts of the tree belong to you and you can do whatever you want with them. This will of course kill the tree, forcing the neighbor to take the rest of it down. Expect your neighbor never to talk to you again. 4) Build your fence inside or around the tree. 5) Build your fence right up to the tree trunk.In all cases, get a survey of your back property line. You may find the tree is entirely yours.
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