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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.