Property line/tree neighbor question

[PeterB]

Hi everyone,

Anyone know the best way to figure out one's property lines? I've looked at my city's property viewer, but it's not intuitively obvious to see where the property lines are.

The issue, if anyone's curious-- my next-door neighbor, with whom I'm pretty friendly (and want to keep things that way!) has planted a tree in the area between our houses, next to the street. Stupidly, I'd thought that the tree would stay small, and not knowing much about trees, I didn't realize that what they'd planted is some kind of oak. If the tree had stayed small, I wouldn't have had a problem with it, but it's already starting to grow branches up and over my side of the property line, and also it is starting to grow up towards the power/phone lines. It also obscures my view of my car and the street with some of my Ring cameras, which I am definitely NOT happy about... defeats the whole purpose of the cameras.

I've contacted the neighbor about it, and they say that they'd planned to trim, but not until after the Spring season... they said they'd see what they could do to trim, but who knows when they'll take care of it. Frankly I'm a little surprised that they didn't speak with me first before planting it last year, given that it might lie along the property line.

I don't know all the full laws here in NOLA about trees on property lines, but I'd guess that we share responsibility for that tree... which is fine, had they asked me first before planting it. As mentioned, I do want to retain friendly relations with them, and it's also obvious that the spot where they'd planted it was intended to have something planted in that spot, but... planting an oak that close to both of our houses was maybe not a great idea? (On the flip side: trees absorb ground water, and around here, that's not a bad thing in terms of preventing flooding.)

What do you all make of this?

[August West]

You've answered your own question.

I don't know all the full laws here in NOLA about trees on property lines, but I'd guess that we share responsibility for that tree...

Discover what the law says. If you want to delineate property lines, have a survey done.

[PeterB]

August West wrote:
You've answered your own question.

I don't know all the full laws here in NOLA about trees on property lines, but I'd guess that we share responsibility for that tree...

Discover what the law says. If you want to delineate property lines, have a survey done.

How have I answered my own question? The problem is that, without knowing for sure where the property line is, I can't make any definite assessment of responsibility.

I was hoping to figure out the property lines without having to do a survey, but if I must, then I must...

[Rolando]

In Texas, if its on your side of the property line, you are free to trim it.

I've trimmed by neighbors tree branches that hang over my side.

If a neighbor's tree ie Roots in neighbor's plot, falls on your house, then they are responsible. Do you have a picture of the new planting for reference.

If you look about 1-3 feet from the street, you might find marker denoting the property line. A metal spike in the ground.

[flareslow]

A survey may have been done when you bought the property if you are the owner. If so, look in your paperwork from the title closing attorney.

[Robert M]

PeterB,

Several things happening here:

A. The tree was planted by your neighbor. That means they both own it and are responsible for it. Doesn't matter if portions of the tree are on your property, i.e. branches and roots. The tree is still the responsibility of your neighbors.

B.Your neighbors were rude and unneighborly to plant a tree that risked encroaching on your property without discussing it with you. I'd definitely would've said something about the tree the day I noticed it.

C. Typically, the law allows you to trim any portion of the tree that encroaches on your property. Your neighbor doesn't actually have any say in the matter.

Some things to do:

A. Put your neighbors on notice in writing about your issues with the tree. Verbal is nice but you really need to have it in writing be it via hardcopy or digitally. Maybe send them a polite text saying, "Hey, we really need to do something about the branches of the tree. Can we schedule an appointment to have them trimmed?" That way, if the issue becomes a more problem your neighbor can't say you never said a word to them about it.

B. See if you can get a copy of the survey from the local authorities, i.e. village, town, etc. If that isn't possible, spend the bucks for one. It may prove very handy to have in the future knowing your neighbor has already proven once they aren't polite about respecting property lines.

C. Once you know the boundaries of your property, ask them to trim the tree and do to it in a timely manner. If they are unwilling to work with your time frame, assuming it's reasonable, ask if you can do it yourself. They may prove unwilling to foot the bill since they said they'd do it after the spring season.

D. If the branches are getting to close to the power lines, contact the local utility about them. They may send someone to evaluate the branches. If they are confirmed an issue, they'll send a crew to trim the branches since it is a potential power and safety issue and they'll do it at no cost to you or your neighbor. Note, the crew might not do it in the the nicest way possibly. They'll do it in the easiest and most utilitarian way.

Above all, definitely try and be nice about all of the above. May not be easy but definitely worth it.

Robert

[PeterB]

Unfortunately, I don't think I have photos from when they first planted it. Partly because it was during corona times, when I was (and still am) barely venturing out from the house. I didn't say anything to them about it at the time partly because I wasn't myself sure about where the property lines were, and also partly because I didn't want to make a stink about it. Also, I didn't know that it would be getting considerably bigger. I do agree that it was unneighborly of them to plant it without discussing it with me first.

I'm also not sure that it IS their property, if planted on the property line... from what I can tell, the law here seems to suggest that it is co-owned (with co-responsibility for it) if it's on the property line.

I'll see if I can find the property line information in the deed.

[chopper]

If you want to retain friendly relations with them then kindly ask them to trim your side of the tree back. And then drop it.

How much can an oak tree grow in one year? Is it planted over a septic tank?

[Robert M]

PeterB,

Sounds to me then you need to get the survey done _and_ speak to an attorney to have him/her confirm exactly what the law in your area says about both ownership and responsibility for the tree.

Robert

[PeterB]

It grew pretty significantly in the last year. What started out as a sapling is now sending up branches in all directions, touching what I think are either power lines or telephone lines, or both.

I have asked for them to trim, as stated. I must don't know when (if) they're going to do it.

No idea if it's planted over a septic tank -- I don't think we have those here.