What to do about a tree encroachment?

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What to do about a tree encroachment?

We have a 6 foot utility easement to either side of our property line, so that utility companies can access power lines. It appears that my neighbors have encroached by planting large arbor vitae well into our property. We want them removed. What options do we have? How should we proceed?

Asked on May 31, 2011 under Real Estate Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Have you spoken with them on the matter yet?  The first thing that you should probably do is to approach them and try and amicably resolve the matter.  If that does not work then I might consider consulting with an attorney as to your options and asking an attorney to write a letter for a flat fee requesting removal of the trees.  If that does not work then you may have to bring an action to "quiet title" indicating the encroachment on your land and requesting that the court issue an order to your neighbors to remove them.  Trees and fences always make for litigation issues between neighbors.  Good luck to you.


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