Regarding property - there is a black cherry tree in the corner of the property and after having the land surveyed the tree is 99.9% on my property. I hired a tree to service to come in and look at the tree and they advised that it is in the processing of dying (half the tree doesn't get leaves). I want to cut the tree down but my elder neighbor claims that this is a "border tree" and if I cut it down I would have to pay him 3x's what the tree is worth. Approximately 3" (yes, inches) of the root of the tree is on the property line or on his side. The tree leans in the direction of his property so he feel that the tree is shared and he has since posted the tree. I have gone to our local codes / zoning office and they have told me they don't want to get involved and state that I need to get a judge to say I can cut the tree down. Is this truly the case? If yes, where do I even start to get this under way?
1 Answer from Attorneys
Really and what's this gentleman's Supreme Court id number? So what law or decision does he cite to show that you would owe him treble damages? And suppose there is such a rule. Then to get you to pay he'll have to take you to court o. Then even if he gets a court to order you to pay what's a dead tree worth?
I'd start by asking for where in the law he says this rule is spelled out.