What to do if my neighbor’s tree trunk is pushing against our common property line wall?

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What to do if my neighbor’s tree trunk is pushing against our common property line wall?

The neighbor who lives behind me has a palm tree that has grown so that it’s trunk is pushing against the property line block fence that divides our property, and has done major damage to it and, if nothing is done, will continue to grow and push against the wall until it knocks down a section of it onto my landscaping (shrubs,block borders, sprinklers). Can I compel my neighbor to remove the tree and restore the fence on the property line at his cost for all the work?

Asked on February 14, 2011 under Real Estate Law, Arizona

Answers:

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

Answered 10 years ago | Contributor

Have you tried speaking with your neighbor about the situation?  Advising him that the palm tree has grown larger than I am sure he expected and that it is now damaging the fence between you?  Sometimes if we approach things in a neighborly way there can be a different outcome, like:  "Bob, have you seen how that palm tree has really grown?  Who would have realized!  And I am really afraid that it is going to knock down our fence sometime soon."  If he says "so what" then I guess you can take the next step that legally you re entitled to: having him remove the tree because it is encroaching on your property.  It is a trespass.  BUT, if it grows on the boundary line itself then you have to mutually agree to remove it.  That does not seem the case ere, though.  Good luck. 


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