If my family planted trees around our yard 12 years ago but it seems that we planted 5 trees in our neighbor’s yard, can we now be held responsible for cutting them down?

At this time their house was being built and they did not live there. They recently got their land surveyed and want us to cut down 5 cypress tress that are full grown and some pine trees that we did not grow but came about naturally. They are telling us that their lot is a prime lot and that the trees are blocking their view from Kennesaw mountain. They want us to pay for the trees to get cut down and the bill for the land survey. How should we go about this?

Asked on July 18, 2015 under Real Estate Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You should pay to have the trees cut down. You have no right to put anything on another person's property, even if it was put there before the current owners purchased the land, and if you do put something on another's property, you can be held liable for the removal cost.

You do not have to pay for the survey--your neighbor chose voluntarily to do this, and you are not resonsible for something he/she chooses to do.

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