What are my rights regarding a neighbor's leaning tree and damaged fence?

Full question:

My neighbor's water oak is leaning toward my property with the majority of branches over hanging our side. The trunk is one inch (1) from our fence at the top of the fence, and right on the fence at the lower part of the trunk. This lower part of the trunk has pushed our fence to the point that the fence is bowing out almost 10 inches from the bottom of the fence up about 3 to 4 feet. The tree is bordering on breaking the fence in half. I have been told by my insurance company to inform the neighbor about the fence problem along with the fact that the tree is lopsided due to all growth of forked branches on our side, the roots from the tree are all on our side too which we've been warned not to damage in any way. The neighbor will not will not answer my calls nor answer her door. I am sure she will not accept any signed delivery receipt of an arborist letter nor lawyer's letter. This water oak was once backed by woods, hence its growth and leaning toward us. The neighbor clear cut woods on our side of the property line except this one (1) water oak. So I have the fence being compromised, via tree trunk, roots, the danger to our life and home due to the overhanging branches from a tree that is well know to come down during high winds or on a whim due to the forks and u-shaped branches. The neighbor, who is very wealthy and savvy(sp)who won't respond, along with the trunk of the tree that is breaking the fence. Upon her visiting boyfriend's invitation I took an arborist over, she never came out, the boyfriend did who was raging mad, verbaly attacking the arborist (who kept his cool to the point of awe) and periodically turned his anger toward me to which I did not respond. He does not own the home, and the neighbor would not come out of the house to talk to us. I have the email where she requested that I send her the phone number of the arborist so she could talk to him. The boyfriend literally screamed 'WE ARE NOT TAKING DOWN THAT TREE, WE ARE NOT TAKING DOWN THAT TREE'. The tree is a managible size at this point for a tree climber to gently take it down. As it continues to grow it will just be harder. BTW, our home was placed 18 feet away from the property line, her home she placed ten feet except her overhang make it 7 feet from property line. Plus we placed our fence on our property not hers, nor right on the line. Bottom line the tree trunk or part of it is on her property, I cannot trim the branches for fear of boyfriend's threat that we better not 'kill that tree', at the same time the tree is inpinging(sp) on my property etc.Rock and a hard place there has got to be a way to protect our home, fence, and not the least ourselves. **please give answer according to Baldwin County Alabama laws otherwise it will be of no use to me.**

• Category: Trees
• Date: 04/07/2025
• State: Alabama

Answer:

In Baldwin County, Alabama, tree disputes often arise between neighbors, particularly regarding overhanging branches and encroaching roots. Here are key points to consider: 1. **Ownership of the Tree**: If the trunk of the tree is entirely on your neighbor's property, they own the tree, even if branches extend over your property. If the trunk straddles the property line, it may be considered a shared tree. 2. **Trimming Rights**: You have the right to trim branches that extend over your property line, but you cannot harm the tree's health. Cutting roots that encroach on your property is also permissible, as long as it does not damage the tree's viability. 3. **Encroachment Issues**: If the tree's roots are damaging your fence, this could be viewed as an encroachment. Your neighbor may be required to address the issue if it causes damage to your property. 4. **Notification**: You should notify your neighbor of the problem. If they do not respond, you may need to document the situation and consider legal action if the tree continues to pose a risk. 5. **Legal Action**: If the tree poses a danger or continues to damage your property, you may need to consult with a lawyer about your options, including possibly filing a lawsuit for damages or seeking a court order for tree removal. 6. **Local Ordinances**: Check with local city hall or the building department for any specific tree ordinances that may apply in your area. It's advisable to keep records of all communications and any damage incurred, as this can be important for any legal proceedings.