Legal Question in Real Estate Law in Wisconsin

Boundary tree dispute

I recently had a survey done to determine ownership of 2 very large oak trees located in the survey line. The survey shows one oak 10-12 inches into the Village right of way, the other 4-6 inches. One of the trees is dead and needs to be removed. Are these trees considered Boundary trees and as such should be considered as co-ownership?


Asked on 3/18/05, 2:00 am

1 Answer from Attorneys
JAY Nixon nixon law offices

Re: Boundary tree dispute

I believe that the property owner is responsible for maintaining land within a municipal road right of way provided that the area in question is not actually being used for road purposes. Hence, the boundary fence maintenance rules probably would not apply. I would need to research the question, however, before I would be able to give you any reliable advice.

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Answered on 3/18/05, 12:29 pm


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