If I accidentally planted a tree just over the property line in my neighbor’s yard, can I move the tree over to my property or is it now his tree?

I planted a tree on property that I thought was mine. However, then a survey was done and the

tree is 6 inches on the other person’s property.

Asked on April 22, 2017 under Real Estate Law, Vermont

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you can move the tree--placing it on his property does NOT give him any rights to it. Rather, his only right is to require it to be moved. You will have to repair/remediate anything done to his property by either planting the tree or its removal--i.e. live it in "pre-tree" condition.


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