Legal Question in Real Estate Law in Utah
property lines
The property line is about 4-5 feet from the edge of our driveway, we would like to extend our driveway but there is an old pine tree standing on our side of the property line about 1/3 of the trunk..it was planted by our neighbors years and years before we moved in. Can we just decide to extend our driveway and cut part of the tree down or do we have to get permission from the neighbors? We actually did get permission from the husband back in Dec. but now they tell us that they are selling to their daughter and her husband and we will have to discuss the tree with them...I just want to have some background knowledge before we start discussing the situation with the daughter, she is a bit of a snot.
1 Answer from Attorneys
Re: property lines
Check first to see if the local zoning authority will allow the expanded driveway. Generally you can remove the portions of the tree that extend over your property. However, removing 1/3 of the trunk will probably kill the tree, so an agreement before you do anything would be wise. There is an argument that because the tree has been there for so many years that you acquiesed to an easement on your property for the trunk....
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