If your property line runs right through the middle of a tree, who has the right to decide to have it cut down?

Question

We have a nice big tree that gives us a lot of shade. Our property line runs right down the middle of the tree trunk. We just found out that our neighbor has scheduled to have the tree cut down. I'm not sure I want to fight about it, but I was wondering if I would have a case if I did want to fight it. Who would have the law on their side? I live in Ohio.

Answer 1

It forms part of the boundary and neither side has the right to remove it without mutal consent.



Anymore than they would have the right to dam or fill in a boundary river.

Answer 2

While there are legal precedents to the contrary, he can not cut the tree down since he only owns one half of it. So you would have a good case unless he has a urgent issue to deal with (safety, health, etc..).



Nor can he cut down his one half since it would severly damage your half and might cause it to die and fall (liability issue).



Typically the Cities have no laws regarding the removal of trees in private property.. (but some do so check)



So.. its poop or get off the pot time for you..



1) Write him a letter telling him you do not want the tree removed and cite the shade and the added value to your home as reasons as well as your concern for the safety issue if he only removes his half. Deny him permission in writing.



2) If they start to remove it, you can call the police since it requires tresspassing to cut it down and it also is damaging your property.



3) Or you can go with the flow, and let the tree come down - especially if he is paying for it- and this winter enjoy some seasoned firewood.



Your choice

Answer 3

i do no longer recognize the place you reside yet maximum places i recognize of have machines that clean roots in older sewer lines and the newer ones are outfitted so roots can not get in. Your concept approximately chemical compounds would not carry water for those reasons--- Any chemical that should kill the roots might additionally kill the trees. The roots are what feeds the tree. i can not think of any city or city this recent day the place pollutants of water is on the minds of persons being so irresponsible as to place chemical compounds in a device it extremely is helpful to poison the groundwater. in case you're worried call your close by municipality and ask them. i will guess they say no

Answer 4

He has the right to not have a tree on his property. But it would probably come down to some city ordinance or a court battle.



This really isn't worth the fight.

Answer 5

I like Richard's answer, it's a good one. If you don't want it cut down, call the city and find out what your rights are. It could actually be on city right-of-way....

Answer 6

generally: A boundary tree (one planted on the boundary), cannot be removed without mutual agreement.

Answer 7

very interesting situation. I would image if you didn't want it cut down, he couldn't. I would also say that he can cut his half, like trim all the branches back