Can my neighbor cut down my trees if we have a boundary dispute?
I placed trees on what I thought was the boundary line. 12 years later, the adjoining neighbors had a survey done, and a dispute happened.We went to court, and the judge said we were not on the property in dispute. The trees were exactly on the boundary line (and a little over). The court did not order us to remove anything. However, the neighbors want to place a fence right on the boundary line, and are trying to force me to cut the trees down in order to do so. They said that they would do it if I did not. Because the judge did not order us off, can the neighbors still force the removal of the trees? The city council stated they had to remaid 6 inches from the survey line, which would smash 50 % of the trees. What now?
It's impossible for anyone to say what your rights are, and what your neighbors can or cannot do, without reading at least the judgment and opinion (if any) from the court case that was about this boundary dispute; depending on how well the judge did his or her job, you might have to go even deeper into the papers.
If the neighbors specifically asked the court to order you to remove the trees, or to give them the right to remove the trees, and the court didn't order you to remove them, that's the end of the story.
Usually, a person has the right to cut or remove parts of trees that are on or hanging over his or her land, even if the trunk of the tree is on a neighbor's property. Cutting into a tree trunk, though, in a way that makes the remaining part of the tree dangerous or unsound, can be a different question.