Legal Question in Civil Litigation in Oklahoma

Re: Property Lines

Thank you for your question. Fence lines and disputes with neighbors concerning same have resulted in many lawsuits and tragic events. I for one do not feel comfortable in relying on pin stakes for accuracy in all cases. Cutting wild trees is one matter. Cutting trees which have been purposely planted represent another touchy issue. Both have value. Some trees can be very valuable. I would think that a survey might be necessary to determine a correct property line and the location of trees you desire to remove. If such trees are on your property you can remove them. Your question suggests that there has never been a fence line established before. In setting a new fence you may find that the neighbor has been using the property for so long that he believes it is his. A court might agree.

There are many factors that must be considered in order to give you an informed opinion. The best method is to visit with your neighbor and obtain his understanding and agreement so that no dispute develops concerning removal of the trees. If you are daring, you can cut the trees and wait for him to prove they are on his property shifting the burden for a survey to him. If he is proved right, you may owe him some damages, court costs and attorney fees. I did a brief research of cases and did not find one that says clearly that you would be within your rights to cut a tree whose base straddles your property line although I would think it might be justified. You might also send him a letter asking him to remove his tree as it trepasses on your land and interfers with your use and enjoyment. If he says the tree is not his then it must be yours and you can cut it.