Property Line Tree Disputes

Summary

The user is facing a property line dispute involving a tree in Marrero, Louisiana. The tree is on the property line and the user wants to build a fence around it. The user has tried discussing the issue with the neighbor and even proposed a written agreement, but the neighbor is not cooperative. The user is advised to consider mediation and consult a local attorney to understand their rights under Louisiana law. The Louisiana Civil Code Article 688, which states that a landowner has the right to demand the removal of branches or roots of a neighbors tree that extend onto their property, is also mentioned.

Full Conversation

I have a tree that is on the property line of a lot that is behind me. The tree has been there. I guess over 10 years it was here when I bought the property. The fence that we have now is breaking the chain-link fence. We are trying to put up a wooden fence, but want to go around the tree. It is on the property line of the other owner, I want to know the rights that I have to go around the tree on the property line
What is the location of your property? Laws regarding property lines and trees can vary by state.
I am in Marrero Louisiana. I read the Louisiana law and it tells me that I cannot nail into a tree nor cut it down if it is not harming anything which the tree is not harming anything because there is nothing on the lot. It would not even be * to * feet on their property. It would be a wooden fence because the chain-link fence is broken because the owner of the lot has had someone clean off their property and broke our fence. I am not asking for any expenses from them just to put a fence behind the tree which is on their property
Have you discussed this matter with the owner of the lot? Communication can often resolve such issues.
I have discussed with them they do not want me to take their property which I am not taking much of the property. I’ve asked them to meet me in the backyard on their property to show them how much will be taken for the tree. I don’t know if you received my chat port of where I live. It’s in Marrero Louisiana.
What was their response when you asked them to meet you in the backyard to show them the area for the tree?
he has not answered me back yet, but I want to follow the law of building the fence in the law of Louisiana states not to cut down a tree that is over 10 years old Nora put nails in a tree
Have you considered seeking a professional surveyor's opinion to determine the exact property line and the tree's position relative to it?
I have the existing property line before the house was even built and it is on their property line in my property mostly on my property. I am just asking him for a piece of that part of the property to fence in the tree. I don’t want to go through lawyers or court for a tree, I can’t cut down the tree because it’s the law of Louisiana if nothing is wrong with the tree or harming anything is there anything that I can show them what the right law about putting a fence around the tree?
Have you tried showing them the Louisiana Civil Code Article * which states that a landowner has the right to compel a neighbor to contribute to the costs of a boundary fence?
there is nothing even on that lot
What is the reason they are refusing to allow you to build the fence around the tree?
I just don’t want them to tear down my fence if I put it on that side of the tree. I just want to make sure I have the right to build around the tree.
Have you considered mediation to resolve this issue? It's a less formal process than court and can help in resolving property disputes.
I am not asking for any money from them. I just need that part of the property of the tree.
Have you considered proposing a written agreement to the neighbor, stating your intentions and ensuring you won't claim any further property rights beyond the tree?
I had written something, and he stated that he does not want me to take that part of the property, which I do not know why, because it is not much of the property, and it will follow my property line afterwards
What was the exact content of the written agreement you proposed to your neighbor?
I think this is so stupid to fight over a piece of property that the tree is on both sides
What was the neighbor's response to your written agreement?
I copied and paste information that I found on the Internet from Louisiana about me able to build around the fence and send it to him and that’s when he told me not to take that property he is not helping me at all. I have the permit department coming out to make sure, I’m building on my property do I ask them also like I said the tree is on mostly my side and only part of it is on his side I do not want to lose all my property for a fence but I need it because I have animals and do not want to leave that part of it open
Have you considered involving a neutral third party, like a mediator, to help resolve this dispute? Mediation can often help in such situations.
I don’t want to cause any problems with this person, but he is not being helpful at all and just wanted something legal to show him that I have the right to build the fence on that part of the property
Have you considered consulting with a local attorney to understand your rights and obligations under Louisiana law regarding property boundaries and fences?
What was that Louisiana code again?
The Louisiana Civil Code Article * states that a landowner has the right to demand the removal of branches or roots of a neighbor's tree that extend onto their property.
ok thanks
You're welcome! If you have any more questions about Louisiana Civil Code or any other legal issues, feel free to ask.