Tree growing into fence

[FFPNC]

What is the name of your state (only U.S. law)? North Carolina

We have a tree growing into a neighbors fence. The tree is approximately 30 years old and the fence is somewhere between 10-20 years old. The tree has grown in size and now appears to be approximately 1-2 inches into the fence line which has pushed part of this fence up and moved some pickets. The neighbor wants to rebuild the fence, but is asking us to cut down the tree at our costs. We have no desire to spend the $1000+ to do so.

What are our obligations to do so? I believe the neighbor can still easily rebuild the fence using the same fence line by making minor adjustments to the pickets.

 

[not2cleverRed]

The neighbor can also remove any part of the tree that extends over to his side of the property line.

Additionally, many municipalities require that fences that are not mutually owned be set back from the property line. So, it is possible that a good portion of the tree is on your neighbor's side of the property line. Should the neighbor remove the portion on his side of the line, the tree would probably die or at the very least not be healthy.

 

[LdiJ]

The neighbor can also remove any part of the tree that extends over to his side of the property line.

Additionally, many municipalities require that fences that are not mutually owned be set back from the property line. So, it is possible that a good portion of the tree is on your neighbor's side of the property line. Should the neighbor remove the portion on his side of the line, the tree would probably die or at the very least not be healthy.

Yes, but the neighbor cannot do that if doing it kills the tree.

 

[justalayman]

So your tree that was completely on your property has grown large enough to damage the neighbors fence and you want them to not follow the property line but adjust the path to accommodate your tree.

The neighbor would be best off by refusing your suggestion and demand you remediate the issue.

It's your tree so why should the neighbor not demand you pay to fix the problem?

 

[adjusterjack]

What is the name of your state (only U.S. law)? North Carolina

We have a tree growing into a neighbors fence. The tree is approximately 30 years old and the fence is somewhere between 10-20 years old. The tree has grown in size and now appears to be approximately 1-2 inches into the fence line which has pushed part of this fence up and moved some pickets. The neighbor wants to rebuild the fence, but is asking us to cut down the tree at our costs. We have no desire to spend the $1000+ to do so.

You might not have to.

Understand that your tree roots radiate out in all directions and are also deep underground.

Cutting the roots close to the surface along the fence line, maybe to a depth of a foot or two below the fence won't kill the tree (have an arborist take a look to be sure) and will enable removal of the cut roots that impact on the fence. Then the pickets can be re-assembled.

After that put a root barrier on your side of the fence.

Google root barrier to see how they work.

Make no mistake: Your tree. Your responsibility. Get it resolved quickly before it gets worse and costs you thousands.

 

[FarmerJ]

Right now is this tree healthy ? if its not healthy then it really would be best to take it down Otherwise perhaps you should arrange for a boundary survey so you can learn if the tree truly is on your side of the lot line, on the neighbors side of the lot line or actually right on the middle. (otherwise If the tree is healthy I wonder if your neighbor is would be willing to do a small bit of a land swap since large shade trees add to property values it really would benefit both of you eventually when the time comes to sell.