Should I Cut This Boundary Line Tree ??

[g_man]

I've been doing some boundary work and found this. It's been about 5 years. A Red Maple is consuming a boundary corner pin. The pin is an outside corner for my neighbor and an inside corner for me. My line is "L" shaped. I would like to cut it before it eats the pin or blows over and pulls the pin with it. I know that State law says loggers cannot cut line tree but as a land owner can I cut it. Or should I leave it be ?? Thanks.



 



 

gg

[beenthere]

First I'd discuss with neighbor, if possible. Decide if there is a reason or benefit to cutting the tree.

Second, after taking documenting pics with copies on file and sent to your neighbor, I would seek out the local or area State surveyors office and present pics and ask questions of "what best to do".

Then, if still going to cut, I'd high stump it and leave the stump intact with pics after the cut.

At issue might be which side of the line the trees are, and whose trees they become.

Still, wonder if there needs to be any cutting at all.. but just let time take its course (after documenting pics for posterity).

[SLawyer Dave]

I am only licensed to practice law in California, so my input is not to be considered "legal advice" but rather information.  Generally, most areas of the U.S. follow a common "idea" that your property boundary extends vertically up from the ground.  So if you have a tree who's base is on your neighbor's property, but the tree leans over your property line, you can cut it off at or above the point the trunk crosses your property line.  For trees that are on the boundary line, again, technically, you can cut that portion of the tree that exists on your side of the line.  However, cutting out half of the tree, and weakening it so that it falls on your neighbor's property certainly is not a good idea. 

If it were me, I would probably send a written note, (emails even better if you have his address), to my neighbor along with one of the pictures you posted, letting him know that you plan on cutting the tree down so that it does not destroy the property marker.  Tell him to contact you if he has any concerns.  Keep a copy of all that, and you will likely never hear from him, and then you should not have any issues.  If he does have any concerns, talk to him, and then go from there.  I also like the idea of the high stump cut, so that no one can say "you" moved the marker and the remaining stump should also make the marker more secure. 

Good luck.

[Ianab]

If you and your neighbour agree to cut the tree, then there's no problem.

What I would say is "If we don't cut this tree, we loose the survey peg, and we will have to go 1/2s and pay for a new survey some time in the future"

Phrase it like that, and I bet he says "Best you cut it down then".

[NH-Murph]

I recently found one in a very similar state on one of my bounds.  I took a couple pictures, the GPS coordinates and let the abutter know about the impending disappearance of the pin.  We both agreed that the tree has no value and it's neat looking hemlock, with several funky looking big leaders coming off of it, so we'll just let nature take it's course.  The tree itself is easily identifiable, so we'll just use that as the bound for the foreseeable future.

[Black_Bear]

First I'd discuss with neighbor, if possible. Decide if there is a reason or benefit to cutting the tree.

Second, after taking documenting pics with copies on file and sent to your neighbor, I would seek out the local or area State surveyors office and present pics and ask questions of "what best to do".

Unlike Wisconsin, Vermont is not a PLSS state and unfortunately there are no such animals as the local or state surveyors office.

It depends on what type of a relationship you have with the neighbor, but if it was my property corner I would draw up a short agreement between me and the neighbor, similar to SLawyer Dave suggested, cut the tree down with a high stump, without disturbing the pipe, and then forget about it. I have found corner pipes lodged in root balls of upended trees - at least you know you're close to the corner when you see that. That's an awesome corner - aside from any minor movement caused by tree growth it obviously hasn't been disturbed for quite some time. As a surveyor you like to find corners like that.     

[g_man]

Thanks for the replies - Some good ideas.
No, I haven't spoken to the neighbor yet, I wanted to see what you guys thought first. He is a pretty good guy but when I first came here 15 years ago we had a couple property line disagreements.

He has a 1/4 mile right of way on the lower part of my road from the town road to his driveway. The first fall he put POSTED signs all along my road. When I asked him why he posted my land he said what do you mean, it says in my deed that I own the right of way. It is my land. When I explained it to him he said I would be hearing from his lawyer which of course I never did.

Then that winter when I plowed by his driveway I would fill it in. I would then come back and clean it out and stack the snow in the corner. He told me his wife did not want me to put snow there because it ruined her view. In the spring he put two 6 foot spruce trees and an 8 X 8 post with his house number on it right where I stacked the snow - on my land. When I asked him why he would plant trees and put a post on my land he went wild. I showed him where the line was which was obvious because two pins were in clear view. He said I would be hearing from his surveyor. But 2 weeks later he moved the trees and post back about 10 yards with out a word.

He spent the next 5 years turning his back every time I went by so he would not have to wave. But now things are better. He now accepts and understands where the boundary line are. He even talks to me. That is why I think it is best that that pin does not move.

Since the tree leans heavily into my land I well tell him I would like to cut the tree which will leave a tall stump. That way it will save us from having to hire a surveyor to reset the pin should the tree go over and move the pin.

Thanks for the ideas.

gg

[Ianab]

With a history of boundary disputes that would be a especially good reason to look after the peg (by getting rid of the tree)

Hopefully he sees the sense in that.

[beenthere]

From his previous behavior, might suggest some reverse psychology on the neighbor.
(like you are waiting for the tree to fall and the roots to rip out the marker so that you both can pay a surveyor to survey your lot line ?? ).

Sounds like what you come up with, he objects to immediately, although later accepts your thoughts.. quietly.

Maybe triangulate the existing post with three additional posts and document their position with measurements. Try to get him to suggest the best fix to remove the trees. ??  Never know what will work the best.

[WV Mountaineer]

It sounds to me like you just need to talk to the guy.  Maybe walk back there with him and show him your concerns.  I'm willing to bet that he sees the sense in it.

Coming from a guy that spends a lot of time trying to find deeded corners, a survey peg is priceless.  God Bless