My partner and I recently bought our first home. During the summer, we decided to clean up the backyard, it was a bit overgrown and messy, so we wanted to get it looking nice and start a garden.
There’s a fence between our property and our next door neighbor’s. During the cleanup, we cut down a Manitoba Maple that had started growing right along the fence line on our side. It wasn’t a planned tree, more like something that had seeded itself and started growing wild, it was about 6 feet high and the diameter of the trunk was about 3 inches, and we figured we’d replace it with flowers and some landscaping.
It turns out the tree wasn’t actually on our property. Apparently, when the neighbor put up the fence, he didn’t build it on the actual property line, it was built a few feet into his own yard. So even though the tree looked like it was on our side of the fence, it was technically on his land. We had no idea.
When he noticed the tree was gone, he came outside visibly angry and started yelling at us. We apologized right away and explained that we genuinely believed it was on our property, and shared our plan to replace it with flowers and landscaping. Unfortunately, he wasn’t satisfied. He’s actually the tenant, and he reported the situation to his landlord, who then sent us a letter stating they intend to pursue legal action.
On top of that, we’re now frustrated because, due to how the fence is placed, we have to maintain this strip of land on “our” side of the fence; mowing, weeding, dealing with plants, even though it’s technically still his property. It doesn’t feel fair that we’re responsible for upkeep on a piece of land that we don’t actually own and can’t make decisions about.
AITA for accidentally cutting down my neighbor’s tree, but offering to replace it with other landscaping?
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My partner and I recently bought our first home. During the summer, we decided to clean up the backyard, it was a bit overgrown and messy, so we wanted to get it looking nice and start a garden.
There’s a fence between our property and our next door neighbor’s. During the cleanup, we cut down a Manitoba Maple that had started growing right along the fence line on our side. It wasn’t a planned tree, more like something that had seeded itself and started growing wild, it was about 6 feet high and the diameter of the trunk was about 3 inches, and we figured we’d replace it with flowers and some landscaping.
It turns out the tree wasn’t actually on our property. Apparently, when the neighbor put up the fence, he didn’t build it on the actual property line, it was built a few feet into his own yard. So even though the tree looked like it was on our side of the fence, it was technically on his land. We had no idea.
When he noticed the tree was gone, he came outside visibly angry and started yelling at us. We apologized right away and explained that we genuinely believed it was on our property, and shared our plan to replace it with flowers and landscaping. Unfortunately, he wasn’t satisfied. He’s actually the tenant, and he reported the situation to his landlord, who then sent us a letter stating they intend to pursue legal action.
On top of that, we’re now frustrated because, due to how the fence is placed, we have to maintain this strip of land on “our” side of the fence; mowing, weeding, dealing with plants, even though it’s technically still his property. It doesn’t feel fair that we’re responsible for upkeep on a piece of land that we don’t actually own and can’t make decisions about.
AITA for accidentally cutting down my neighbor’s tree, but offering to replace it with other landscaping?
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OP has offered the following explanation for why they think they might be the asshole:
> I believe I may be the asshole because we cut down our neighbor’s tree thinking it was ours. Cutting down a tree that is not ours would make us the assholes
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Contest mode is 1.5 hours long on this post.
yta for cutting down a tree. what did it do to you smh. tragic
You didn’t get the property lines surveyed when you bought the house? Yup, YTA
NTA this seems like a genuine accident. You may want to look into putting up your own fence so that the boundary is more clear.
This is a brand new home for you and when you bought it did the realtor mention the property was a bit smaller than it appeared? How much of their property is on your side of the fence.
I am so excited for the tree law folks to swoop in on this thread.
ESH. always get a survey done. that’s on you. and their assholes for building a fence like that. who does that?
but, if you can, put up a fence on the property line and then let them deal with that space in the middle. petty but effective
Gentle YTA
You do not take down a tree on a property line without doing your damn diligence.
> it was technically on his land. We had no idea.
But you could have, if you’d checked.
> our plan to replace it with flowers and landscaping. Unfortunately, he wasn’t satisfied.
Not good enough. Like for like. Remove a tree, add a tree.
> On top of that, we’re now frustrated because, due to how the fence is placed, we have to maintain this strip of land on “our” side of the fence; mowing, weeding, dealing with plants, even though it’s technically still his property.
No. You don’t. The fence changes nothing. That’s all still his problem.
Feel free to put up one of your own on the actual property line.
YTA It’s actually super common to build a fence several feet into the property, which is why knowing property lines when you buy is very important. Lesson learned for your next house. You shouldn’t have to maintain that strip of land, the homeowner or tenant should be mowing it; if they’re not, then that’s a problem that you can address with them.
You need to post in r/LegalAdvice, as yes they can sue you.
NTA – You probably should’ve had the land surveyed before you did anything with the tree since it was on the fence line. That being said; New homebuyers, mistakes happen. I hope the “legal action” doesn’t actually happen for you.
You should build a fence on the actual property line so you don’t have to maintain the strip of land lmfao I’m petty like that
YTA. All you have to do to not get sued was your due diligence, but you didn’t. You FA’d and now you’re in the FO phase. Maybe next time be sure to understand where your property lines are before you do any landscaping.
YTA why would you cut down a perfectly fine tree just to replace it with other plants? Also for not bothering to learn your own property lines
Well you’re definitely NTA I mean come on- obviously you’re not. I’m surprised this wasn’t something explained to you when you bought the house. I guess I would ask the landlords what they would like to see happen here. Do they want the tree replaced? Do they want you to pay for the tree? Or do they just plan to sue you for damages. I don’t think they’ll get very far considering they chose to fence in their yard and not include all of their yard… I wish I had advice for you but I’ll be curious to see what happens! I’m sure there are some legal experts on here that can point you in the right direction! Good luck!
YTA. You should have the property surveyed if you recently purchased the house and didn’t know your property lines, especially if you intended to remove a tree close to what you thought was the property line. Replace the tree, apologize for what happened and the intent to utilize the neighbor’s property even after the incident, and build a fence on your property line.
NTA
Also, check the property laws in your area. The fence line could have also changed the property lines when you bought the house. In some places, if a fence is up for a certain amount of time and uncontested, it becomes the new property line.
NTA because “accidentally.” If you didn’t do it on purpose you’re not an asshole. You might be an idiot, but you’re not an asshole. 🙂
That doesn’t mean you’re not legally culpable, though. If the owner is threatening to pursue legal action, talk to an attorney ASAP even if it’s nothing but hot air. CYA always.
r/treelaw and r/legaladvice is where this needs to be posted. You may need to pay to replace the tree and quite possibly to put up your own fence that’s on your property line. On the plus side though, google tell me this type of tree can be considered a nuisance tree in many parts of the states, so if you do decide to replant, you can make it a better tree.
I don’t get why fences don’t go on property lines whilst expecting the neighbours to provide upkeep of plants planted outside of it.
Why would you be responsible for cutting the strip of land they own, even though it’s in your side of the fence?
If they’re being AH’s, I’d leave it alone and let it grow.
Better yet, put up your own fence just on your side of the line and let them deal with cutting between the fences.
Info
How do you know the tree seeded itself and not a planned tree? And how much of the trunk was on the fence line, and how much of it was on your side (past the fence line)?
The tree was a mistake, just replace it. As far as having to maintain property spray round up on it, no grass, problem solved. In Ohio, once you maintain a property for so long ( I think 5 or 7 yrs.), it is technically now your property
YTA
They may have built the fence like that to avoid the tree and your property benefited from the few feet.
just make sure you build your own fence. They can deal with the awkward bit of land in between fences.
YTA
YTA. My neighbor did this. Cost them a couple hundred bucks to buy a new semi mature tree. Didn’t sue
NTA you had good reason to believe that was yours, but you’re going to pay for that tree. But also don’t maintain the land. If they want to get legal, advise them you won’t be responsible for that land and will call code enforcement any time it is even slightly wrong.
A dedicated neighbor can make things REALLY difficult on a homeowner especially one maintaining a rental. He should be advised of that before proceeding, because i personally would make a petty game out of targeting him from then on.
You don’t need to maintain that strip of land. Get a proper survey and only maintain the property you own.
Say oopsey sorry about that and move on.
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NTA. Build your own fence exactly on your property line and let him deal with the strip between fences.
The legal action is going to be the cost of replacing the tree, so start shopping around and getting prices so the lawyer can’t rip you off. Something 6ft tall should be at nurseries that deal in bigger trees.
YTA, and this is going to be an expensive lesson for you as a new homeowner. You don’t start any major landscaping projects without a proper survey to determine the actual property lines.
Put up a new fence on the property line and forget about the strip that’s on the other side. You should have double checked your property line when you bought and moved in, but what’s done is done and it’s an honest mistake.
YTA
Oh dear, check the tree law on your state. This could cost you thousands to up to 20K I think?
YTA for not knowing where your property lines are. Be responsible.
YTA
Look up some tree law. Have a fun time in court.
YTA for not checking the survey, however since it actually is his responsibility to maintain his property on your side of the fence, if he peruses legal action you can make his life miserable when he doesn’t maintain that strip of land, you can forbid him to go on your property to maintain it or to make it real difficult you could put a fence on the property line next to his fence making that portion difficult to maintain.
NTA….he has to move the fence. You’re not responsible.
This is partly your fault, partly your neighbours’ fault, and partly the real estate agent’s fault (assuming you used one) for not pointing out that the property line and the fence don’t overlap.
You should know where your property line is. When you buy a house, it’s your responsibility to understand exactly what you’re buying, and just as importantly, what you’re not buying. You need to know where your property, and therefore where your responsibility, begins and ends. It’s not the neighbours’ fault that you didn’t understand this when you cut down a tree that wasn’t on your land. He’s entirely right to expect compensation for that. Not only did you damage his property, you trespassed to do so.
That said – who the hell builds a fence several feet into their property? That’s such a weird thing to do and I cannot think of a reason why they would do that. It’s not your responsibility to maintain the strip of land between the fence and the property line though. That is their land, and if you aren’t allowed to cut down a tree on it to maintain it, then you also aren’t allowed to cut the grass or paint the fence or any other form of maintenance. Immediately stop maintaining it in any sense.
What I would really recommend is that you build your own fence, actually on the property line (or within the designated setback for your jurisdiction). I might even suggest paying for a surveyor to ensure it’s done exactly right.
ESH
We are currently in an argument with my next-door neighbor father. He comes every week to cut the grass. His son has planted trees on his property line. That now grows into my yard.
The problem is that every time I get a new yard person. The father co.es over and tells them where they can mow. Even after I have explained where the lines are. So he now mows onto my ground because the trees have to. Be mowed around.
Just called the surveyed to have the lines mapped out. Once that is done I am putting a raised sidewalk on the property line. I am done with this. So I understand your pain. But, you need to know your lines before you cut. Once I know mine the chainsaw is coming out. I have had it with the trees.
YTA. It was your responsibility to find out where the property line was when you purchased the property. That’s kind of Property 101. Had you done that, you could have decided whether you wanted a property that included a strip of someone else’s property on your side of the fence.
Also, it’s not your responsibility to maintain it.
Soft YTA…you should have known, ahead of time, that fences are nearly never installed ON property lines.
That having been said, while the tenant can piss up a flagpole, you should definitely work with the landlord on a reasonable remedy.
However, I strongly recommend that you do not make the mistake of thinking that you are responsible for maintaining the part of their property which exists outside of the fence, because you are not.
If the landlord expects you to be responsible for that part of their property, then they can’t complain when you have done so, up to and including the removal of a tree. Otherwise, you are only responsible for the property up to your property line. Period…full stop.
NTA but you’re probably legally on the hook for the tree. Ask legal experts.
So I don’t know where all these other commenters live, but I’d be confused af to find out my neighbor built a fence several feet into their property. It’s not normal where I live and I haven’t heard about it prior to reading the replies to this post. I’m guessing the fence/property line thing is going to be highly regional.
Unsolicited advice? Keep apologizing. Sometimes getting people to think you’re not malicious, but just an idiot can soften their ire. Gl.
You may have rights to that land if you’ve been maintaining it. I’d look into it.
Many places have ordinances that require fences to be placed a few inches within the property line, so there is a very good chance their fence is appropriately placed. You can place another fence inside your line next to that one if you’d like, and leave a tiny strip of land between the two fences unmowed if this situation bothers you.
But yes, YTA for not checking your own property line and for cutting down a perfectly healthy tree without at least double checking it’s yours.
You may want to consult with an attorney if they actually sue you; until then, not much you can do.
NTA. Put up your own fence on the property line so you don’t have to deal with this BS
YTA for not getting a survey.
You cut a tree that was on your side of the fence. That actually might hold up in court, at least to mitigate the cost of the damage. Before the other guy takes any action, get a survey and a few estimates for moving the fence to the proper place. Bring all that data to court with you. If you have to pay for the tree, the other guy should at least help pay for the fence. Run all this by your lawyer, though.
NTA, if the owner does pursue legal action, don’t hire an attorney right away. Instead, bombard his attorneys with requests for more info, like the actual property line, when the fence was put up, how they plan to maintain their lawn on your side of the fence, all communications btwn the tenant and owner, etc. His attorneys will be more than happy to bill them more hours and after a few weeks, you’ll probably get a demand from the owner to STOP contacting his attorneys, LOL. Their bill will be much more than a maple tree will ever cost. Plus, you can send them a fee schedule for maintaining their lawn that is on the side of the fence that his tenant cannot get to. Say $500/hr and if they don’t object, then that is the set rate.
I’m gonna have to say YTA in this case.
If you bought the home recently there must have been a survey with this information. If they have an easement it should have been noted. How could you possibly not know this was the neighbors property and tree?
These are all things that come up when a property is sold. The title company should have flagged this and something should have been done to clear the title before closing.
Your ignorance of the property line is no excuse. You should have done some research before cutting down a tree.
Source: former real estate agent currently working on the class again to get back into it as soon as I pass the test (again).
NTA – I agree with at least 1 other comment. Replace the tree, put up your own fence, this is a him problem for putting his fence so far on his side. 6 inches into his property, no big deal, but FEET! That’s an issue.
Truthfully, I thought you were going to say you cut back branches all the way back, hanging into your yard without getting permission from the HO. A tree that is on “your” side of the fence i would not even think to ask if that was my property or not, why would you give up so much land?
It’s common practice to build a fence a few feet from the property line so you have access on your own property to maintain the fence. That said, you are also responsible for mowing that patch of your own lawn.
So YTA for not knowing that and cutting down someone else’s tree, but they have to mow that lawn and not you. I’d leave it alone and start complaining to the city any time they don’t mow it. Technically you’re trespassing if you mow it, and if they’re confrontational that could be brought up against you.
What you did was ignorant but malicious so keep that as the narrative and try to make a deal about replacing the tree or something, but make sure it’s in writing and it’s not a bad idea to have a lawyer look at any agreement before you sign it.
The landlord was probably fed a narrative from the tenant. I would try and contact them yourself and see if you can talk about it.
All of you guys saying Y T A, can you explain how OO should have looking into getting a survey done if they don’t know that’s even a thing?
Like this is the first time I’ve heard that surveys are a thing to prevent situations just like this.
Still though, YTA, because it sounds like you knew the tree was growing on their property and cut it down anyway. I would have offered to replace it to try and avoid litigation but that’s my two scents.
I am going with NTA. It was on your side of the fence.
Pay to have a land survey done. The fence could very well be on your property.
YTA – if you don’t know your property line then get a survey. If that strip is limbo then fence on your property line (recommend to go slightly within) and then you can start planning your landscaping.
Not sure on judgemebt, but definitely careless. You should be offering to replace the tree with a mature specimen of thr same kind, which isn’t going ti be cheap, but this was your mistake, and on you to fix.
Saying that, you’re absolitely not responsible for maintaining land that doesn’t belong to you. Put up your own fence after getting a surveyor to mark the proper boundary, and then ignoee any plant not on your land.
Morally, NTA legally? I have no idea. The fact that he planted a whole tree outside of his fence line, or he had his fence line exclude the tree is wild. I would have assumed it was part of my property as well. Get a survey of your land done. If the tree was indeed on his property, replace it and then plant shrubs/bushes on the actual property line and don’t worry about maintaining his strip of land.
U arent
U are TA
You should have received a survey when you bought your house, and then proceeded with that information. I wouldn’t say you’re an AH, but you might find yourself sued for way more money than you’re expecting. You should go to r/treelaw for advice.
YTA. You didn’t check your property line, didn’t talk to your neighbour first to double-check.
they can sue you over it
Because it’s a rental property technically it’s commercial which means that the fence should have been set 3 ft off the property line so they can maintain both sides of the fence if they’re not maintaining both sides of the fence they’re technically in violation and the neighbor had every right to cut the weeds in the garbage in my state when they do that and don’t maintain it the other party can maintain it and they’re not liable for it
NTA simple accident. Write the landlord a letter explaining the situation and offer to pay for the cost of the tree. If they still pursue legal action then counter sue for whatever costs you have to put in plus harassment if you’re able to in your area and show the letter to the court.
Have someone come in and do a proper survey of your property so you know exact where the property line is, and then put up your own fence along the property line so that you’re maintaining your own property only, and if they fail to maintain the gap of their land wedged between the fences then report them to the city/town and produce the legal papers showing that they refused to allow you to maintain it for them which is why you built the fence.
NTA. Get a survey done. The neighbor should be responsible for his property, even if it’s on the other side of his fence. You aren’t required to mow that strip. He is.
This would be a good time to consult with a lawyer. Tree law can be wild and expensive. Not knowing that you weren’t on your property isn’t an excuse. You may want to talk with a lawyer and then make an offer to your neighbor. See if they will allow you to replace it with an agreed-upon tree.
Depending on where you are, trees can be very protected by laws. This wasn’t a big tree timber-wise, but a 6 ft tree is not cheap to replace. The tree you cut down is easy to get in smaller sizes, but expensive in a bigger version like what you’ll need.
When I put up my fence I knocked on my neighbors door who I’m cool with and told him about my plans. I asked him to come out and verify the property line. He said and I quote “It’s too damn hot out in the sun and you know where the property line is… You’re not gonna fuck me are you?” 😄
I said no and he said good. He then gave me a beer and we hung out for 20 minutes on his front porch.
Never make assumptions with property lines. Verify them at the time of purchase.
Was there no survey markers since you just bought the house?
Doesn’t matter if you are the asshole or not. Look up r/treelaw and start researching lawyers. You are looking at fees starting at $10,000 depending on where you live.
Yta. And you are financially fucked if this gets properly perused.
ESH, but especially the tenant and landlord.
You messed up and should have gotten a survey, but EVERYONE messes up with their first house. You can’t be perfect if you don’t even know where mistakes might be made. You didn’t know what you didn’t know and now you’ve hopefully learned a few things.
You’ve been threatened with legal action, unfortunately, so that means you need a lawyer. Contact the landlord through a lawyer, and make sure they know you are willing to replant a similar tree in a similar location at your expense without needing to go to court about it.
In the mean time, build a fence at your professionally surveyed property boundary (KEEP THE RECEIPTS AND THE SURVEY) and accidentally let some perennial, native wildflower seeds inadvertently spread to the land between your fences.
Unintentionally, yes, YTA. You’ve already said you did it. But you’ve done the right thing. You made a mistake and you’ve apologized. What else can you do? You can’t go back in time and change it. If there’s legal action, you take responsibility and settle. (And losing a 3 inch diameter tree isn’t a big deal. Especially considering you technically could have cut/trimmed all its branches over your yard – which would’ve been half this tree.)
Before it goes any further, try to get in contact with the owner and ask to come up with a plan on how the strip of land on your side of the fence should be dealt with.
Either they need to properly maintain it or they need to give you free rein to maintain it. That would include cutting down volunteers.
(Volunteers = trees that naturally seed and come up in your yard. Most of us remove these from landscaped areas.)
Did you get a survey done? Because that would have let you know that it was not on your property. Unwise to skip it, but doesn’t make you an A H. Tenant didn’t need to harass you, just contact their landlord. Also, no you are not responsible for maintaining that strip. You can stop mowing at your property line. If they are this upset over the tree, I doubt they will neglect the grass to the point of getting a fine. But if one is issued to you for their property, you can always have that corrected. Again, a survey will save you.
ESH
You just purchased the place – you should know exactly what you just bought.
Your neighbour was inviting issues by insetting his fence instead of placing it on the property line. Confusion over property lines do happen.
You don’t need to maintain his land. Put in a fence on your side of the property line.
I would get your property surveyed to be sure where the property line is and put up your own fence. Then you will know for sure where the tree was actually growing.
When selling and buy a house don’t you have to get the land surveyed?
INFO: How long has the fence been up and did the prior owner(s) maintain it? It’s possible, depending on the requirements in your jurisdiction and your specific circumstances, that the neighbor lost rights to the area outside of the fence through adverse possession. Don’t rely on this unless and until you consult with a competent attorney in your area, but it MIGHT help.
YES YTA you should always get a survey before you go cutting down trees. no one is obligated to place a fence directly on the property line. that doesn’t mean the “extra” space belongs to you now. ignorance is not an excuse to cutting down someone else’s tree. you are going to lose in court and most likely have to pay not only a lot of fees and costs but also three times the value of the tree itself.
NTA, but you are still legally responsible. I would look into buying them a new tree of the same species and size. I would then offer to replant the tree. I hope you have pictures of the tree (before or after it was cut down) to verify its size or else they may try to exaggerate the size and age of it. If they still keep threatening to sue you, then stop playing nice. Definitely look into code ordinances for maintaining yard care. If you have the funds, get a surveyor to mark the boundary lines and stop maintaining their strip. Then leverage the code ordinances to file complaints (for instance, not maintaining yards with tall grass and excessive weeds is something many cities will penalize). If that isn’t for you, then consider planting a spite hedge border on your side of the property line to block the unsightly strip they don’t maintain (bonus points if you don’t maintain their side of the hedge). Or even a fairly short fence should block the tall grass.
YTA and I’d sue.
Just put a new fence up along the actual boundary 🤷♀️, maintain up to it. Also YNTA. They did a reverse land grab on you (UK term…it happens a lot over here), if they’d wanted that tree, they should have sited the fence correctly. You could be neighbourly and buy them a new one, but I don’t think the onus is on you to do that.
ESH. You should always know where your property line is before doing work and so should they. Putting up a fence on their side of the tree is weird and the tenant didn’t need to freak out on you. It’s between the landlord and you guys. I’m sorry this happened OP. Hopefully you can get by by buying a new tree for them then putting up a fence of your own.