Legal Question in Real Estate Law in Nebraska

Re: Property Encroachment

You need to take one of two routes. The first is to work things out informally with your neighbor. See how much they think the tree is worth to them-is it worth the cost of resetting your fence around it as it grows so that neither it nor your fence are harmed? If the tree is not that important to them, how about you contribute to the effort to remove it? Help cut it down and cut up branches etc if it is small enough, or pay a something towards the cost of having it removed by a professional if it is larger.

The second is to do things by the book. It will be longer, more uncertain and more expensive, but won't rely on your neighbor's approval. First, hire a surveyor and establish EXACTLY where the lot line is in relation to the tree. Trim your side of the line as needed (above and below ground if needed) using a professional arborist. That should protect you from claims of damaging their tree. But beware, a lopsided tree will not be as strong or pleasant looking and may pose a hazzard in storms etc.

If the tree is in fact on your property entirely- cut it down if you wish. If it is on both properties, you will have to either agree to how it is cared for or removed with your neighbor and bear the costs evenly, or have the matter settled in court. If the tree is on their property only, you could bring an action for the damage to your fence and seek and injunction to prevent further damage to your fence.

At anywhere from $150/hr and up for attorney's fees for any court proceedings and a minimum of 4-5 hours involved in a court hearing, talking to your neighbor and even a couple of steaks and a glass or two of wine, or a couple of beers is a bargain, isn't it?

Try the steaks and chat first, and if that fails seek specific advice from a surveyor and then a real estate attorney.