Property line question

[reagantrooper]

Hello Soc;

Hope all is well with you and yours.

I am in NH.

A few years before I bought my home and property one of the abutters planted several white pine and spruce trees along the property line. Fast forward a few years and now these trees are growing very fast and the lower limbs are invading my space.

I am curious so I find the actual property marker pins and run a line between them and it turns out that most of these trees are auctualy planted smack-dab on the line or on my side. The trunks of the trees planted right on the line are auctualy also growing onto my side.

The trees are becoming a problem for me and robbing my gardens and lawn of sun light and this will increase as the years past. I dont want the trees there. Me and this neighbor are not really friends.

1. The way I see it the trees and any part of the trees on my side of the line are mine and I am within my rights to cut them down as I see fit. Do you agree?

2. Would you just cut away and let the neighbor react or advise him of you intent first?

3. If I cut the trees the trees that he in fact planted on my side would he have any recourse against me?

Thanks

[socrateaser]

I'll just answer everything at once.

Under real property law, trees located on, or extend into, your property are part of your land, so you are lawfully entitled to cut them back. The portion of the trees on your neighbor's and are his property, so if you damage them, then you could be sued for trespass.

Planting the trees so that they are on your property is an encroachment (trespass) on your land, because your neighbor has intentionally/negligently entered onto your land by means of physical instrumentality (the trees). You are entitled to damages if you can prove that you are in fact damaged (difficult based on your facts).

However, because the trees apparently interfere with your quiet enjoyment of your property, then they are also a private nuisance, which entitles you to send a demand letter to have your neighbor abate the nuisance, and if the neighbor refuses, or demand would be futile, then you can abate the nuisance yourself (cut down the trees entirely).

This will almost certainly result in your being sued for trespass, so I strongly suggest that you try to reach some sort of accomodation, and failing that, take your neighbor to small claims and ask for damages on grounds of nuisance and trespass.

Your neighbor will lose the small claims action, and you can ask the court to permit you to cut the trees back or order the neighbor to do so.

Recognize, that this may start a war. Your neighbor could plant new trees back from the property line, and those trees would still interfere with your property, but your case for a lawsuit would be considerably weaker, because a tree is not considered a nuisance merely because you have lost light or view. You would have to show that you were actually damaged by the trees, via an appraisal that demonstrates the reduced value of your land (difficult and expensive).