Did I have the right to cut down a tree that I planted if it was half on my property and half on my neighbor’s?

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Did I have the right to cut down a tree that I planted if it was half on my property and half on my neighbor’s?

I planted a tree about 5 years ago in between my property and my neighbor’s property; it is half on min, and half on his. The tree is about 10 inches around so 5 inches on my property and 5 on his. Back then he didn’t want me to do it but it was done and he took no legal action. He grew to like the trees but so many years later they were dying. I cut them all down. There were more then one but only one was half on his property. I plan on putting up a fence on my property along with new live trees. He says that he is going to sue me. Could he win?

Asked on October 17, 2012 under Real Estate Law, Minnesota

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Even though you planted the tree you are writing about it is now partially on yours and partially on your neighbor's property. As such, under the eyes of the law you both have ownership rights to the tree. Before you cut down the tree you planted, I suggest that you obtain a dated and signed release from your neighbor allowing you to cut it down.


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