Who do you contact on whether you can put up a fence or not? What if there is a tree in the way, say a big pine, and it is half on the neighbors ?

Asked by Mary Skaya, Wisconsin Rapids, WI Sat Aug 17, 2013

And half on yours? Also can you trim the tree all of the way around, or only your half? The house next to "my" house, is a rental.

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Ablakeney1789, Home Buyer, Fort Collins, CO
Mon Jun 1, 2015
Are you sure the tree is only half on your property? It seems odd that a tree was planted on two lots. Since the lot next to yours is rental, I would suggest contacting the landlord of the property to see if they would like the tree removed or trimmed. With the tree being half on property you don't own, you have to reach an agreement with the landlord and most likely the tenants. The landlord of the neighboring property would benefit from putting in a fence, and might agree to it if you two can reach an agreement about the cost of tree removal and fence. It's tricky to work out, but would be worth it in the end to get the fence you want along that edge of your property. http://www.affordablecuts.net/services-1.html
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Nancy Passini, Agent, Schofield, WI
Wed Feb 5, 2014
If the property is in a city or township, I would try to get involvement from an official/building inspector to come and look at the property line and tree involved. My next step would be a surveyor or a lawyer so I don't end up with legal problems in case there is a dispute. Have you talked to your neighbor? Maybe you can come to a compromise. I would probably get the agreement in writing just to be safe. Lastly, make sure there aren't any Covenants that would prevent you from cutting down the tree.
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Nancy, how do you check to see if there are any Covenants preventing the tree from being cut down? I have a tree near the edge of my property, which I would like to cut down, and I think all of it is on my property. However, I just want to be sure I don't get into any legal trouble by cutting it down when it may have covenants. http://www.darrelemelstreeservice.com/Services/
Flag Tue Jun 16, 2015
Dan Peaslee, Agent, Wausau, WI
Thu Oct 31, 2013
Great question Mary. Here in the Wausau, WI area we have what's known as covenants and restrictions. These documents are usually provided to the new owner when the property closes. They are easy to read and spell out in plain language what an owner may or may not do with the real estate. Now, about that fence: The customary practice is to find your lot line and use what we call a 'set back' for final fence placement. The set back is the amount of space you will set (place) your fence back from the actual property line. If the covenants and restrictions don't spell it out then consider using an amount of room that will provide a cushion if an error occurs. You Register of Deeds (4440 Market St 715-421-8523) or a local contractor may be able to provide you with an appropriate amount of room to consider. Good luck Mary!

Kind regards,

Dan Peaslee
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Elisabeth Bo…, Agent, Jacksonville, FL
Sat Aug 17, 2013
Some neighborhoods restrict the type of fence you can put up, say if you have an HOA or live in a Historic neighborhood, so check and see if you have restrictions. If none, look at the survey of the property and make sure that the fence posts, if you are doing the work, are on your property. I know of many people who have thrown up a fence without a survey, only to learn they or the CONtractor planted the posts on the neighbor's property. Oops....

Ask the owner of the property next door if you can trim the trees/branches. Legally you don't have to, but it is a good thing to do, so that in case a branch falls on your house and causes damage, you have a relationship so you can file an insurance claim. I would recommend you outsource the tree trimming to limit your liability, use a licensed, bonded and insured tree service. Only trim the items that are over your property line, unless you receive written permission from the owner. Make sure to get it in writing, because we all know that no one changes their mind.

Best of luck to you,
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Tim Moore, Agent, Kitty Hawk, NC
Sat Aug 17, 2013
It does not matter if it is a rental or a gas station, it is owned by someone -- just like your property. I am guessing the tree is either on your side or there side since a pine is not very wide. If it was truly in the middle then pull your half down on your side and if the other side wants to stay up it will.
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