Tree on property line half / half, what can we do following NC laws?

UPDATED: May 23, 2009

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Tree on property line half / half, what can we do following NC laws?

We are trying put a fence up, and the people behind me are not working with us. We had two surveys of he land in less then 1 year. Als, gave him 30 + days to think about it. The trees are on the boundry line – half on our and half on there property. They have called the police on us, and we are at a time we can not talk. What are our legal rights, and what can we do?

Asked on May 23, 2009 under Real Estate Law, North Carolina


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

This is an unusual case, and I wouldn't do anything without talking to an experienced real estate lawyer in your area first.  One place you can look for an attorney is our website,

In many states, you have the right to cut off tree branches from your neighbor's tree, where they are over your property.  But that doesn't usually kill the tree, while cutting down your half of this tree -- if such a thing could even be done -- would probably make the rest of the tree die, creating a dangerous condition for your neighbor.  Unless you're willing to just run the fence around the tree on your side, having a lawyer give you advice based on all the facts is the way to go.

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