What is the name of your state? TN
I know that it's the location of the base of the trunk that determines who owns a boundary tree, and that if a tree trunk grows across a property line, the tree then becomes jointly owned by both property owners.
Is there a legal way to prevent this natural trunk growth encroachment so that one is NOT FORCED into being co-owner of a tree that one does not want?
Obviously this is a pinpoint specific issue since before the encroachment I would be trespassing to shave or trim the trunk back, and after the encroachment I'm a co-owner at which point both owners need the other property owner's permission to do anything with the tree. Surely there must be some remedy to keep from being force-fed trees.
Thanks, Ken
I know that it's the location of the base of the trunk that determines who owns a boundary tree, and that if a tree trunk grows across a property line, the tree then becomes jointly owned by both property owners.
Is there a legal way to prevent this natural trunk growth encroachment so that one is NOT FORCED into being co-owner of a tree that one does not want?
Obviously this is a pinpoint specific issue since before the encroachment I would be trespassing to shave or trim the trunk back, and after the encroachment I'm a co-owner at which point both owners need the other property owner's permission to do anything with the tree. Surely there must be some remedy to keep from being force-fed trees.
Thanks, Ken