My neighbor has been after me for several years to remove a boundry tree. This very large and old black walnut tree is encroching on my garage and the roots are lifting up a shed of my neighbors. The Sacramento city tree department said the tree was at the end of is life. It's loosing bark, the trunk has some rot and the neighbors have excavated the roots on their side that has led to root decay. The city issued a permit to remove the tree. When I approched my neighbor about removing the tree she was happy untill I WANTED TO SPLIT THE COST. It is a boundry tree. Now my wife is worried the tree will fall, it has dropped several small rotten branches. Is it my neighbors responsiability to pay for half? She is the one who iniciated this. How do I get her to pay?

Reply to post by Dave, on July 21, 2001 at 13:35:44:

First, you need to be sure about the location of the tree and where it is in relation to the property line. If the trunk straddles the line with significant portions on each side, you are probably considered "tenants in common," meaning you equally own the tree. In that case, neither can harm the tree without the other's permission, but you probably also share the costs. Unfortunately, you may need a judge to decide that for you.

You may need an attorney to help you. Find out the cost for removal (several estimates), and discuss it with your neighbor. Research any local or state law precedents that might apply, so you can bolster your position.

When you factor in the cost of lawyers, court fees, etc., it may be cheaper to 'bite the bullet' and just get the job done. Perhaps your neighbor will share a smaller part of the cost?

Good luck.

Reply to post by Russ Carlson, on July 21, 2001 at 13:35:44:


Isn't that a sad reflection on our society? Them what destroys things don't ever want to pay for their acts.

Perhaps the black walnut wasn't allopathic enough.