if my neighbor plants a tree on my property , is the ree mine

Asked on June 30, 2009 under Real Estate Law, Minnesota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Although I am not admitted in Minnesota I am guessing that the law is the same in most states: anything on your side of the property line is yours and you must take care and maintain it.   If you  are bothered by the tree you may want to speak with your neighbor who went to the expense of purchasing and planting the tree before you do anything.  It makes for being a good neighbor and it gives them the option of removing it and replanting it on their side.  After you speak with them and know what you plan on doing, send them a letter by certified mail return receipt requested stating your position, that you spoke with them regarding the tree and gave them an option to act accordingly, that they have failed to do anything about it and that you consider the tree yours to do with as you see fit.  You may want to run this by an attorney in your area as well. 


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