I have a property in Maryland where, according to a recent survey that I payed for, a 30" dia tree is growing on the property line. The majority of the tree is mostly (28") on my side, but there is 2" on my neighbor's side. I am trying to build a new fence and would like to take the tree down to do this- my neighbor tells me that he doesn't give me permission to remove his portion (the 2" sliver and the top portion thereof (~60' high tree). Do I have the right to self-help here? I think a tree man will be afraid to touch this- can I sign an agreement with the treeman to release them of any liability or is this not worth worrying about such nonsense?- I will probably have the tree cut down or topped and wait to get sued. Any advise is appreciated.
The long story/History- my neighbor's dog kept coming over my chain link fence which is one of the reasons that we decided to replace the fence. We had a boundary survey done (as required) and discovered that he built his flowerbed (1'h, 5'w, 20'l) on our property less than 7 years ago (this was not shown on our location survey/title co). His various different stories coalesced into suggesting it was an accident and had been told that the fenceline was the property line (the fence was built in the path of least resistance around the trees) and originally said he asked permission from our previous owners (since recanted)- I have lived there 3 years. I tried very hard to negotiate a solution/remedy:I offered to help him move it/move it for him/sell him that portion/etc and or create a revocable agreement for him to leave it there until some time in the future- all to no avail. He basically wanted the garden to stay on my land -even asked me not to remove my fence so he could have more time to explore adverse possession claims against me. Needless to say, I had to remove my fence and all of his encroachments to clear a path for my new fence that was as close as possible to the property line. It was a very unfortunate situation, but it had to be done. He threatened to sue me for adverse possession, but since he/they are the fourth owners in 20years(chained), the fenceline is not on any property description/deed, and he has only had it for less than 7 years (MD=20years), its been over a month and I don't think he will find a lawyer for this.
I can truthfully say my neighbor is now being spiteful, since he had offered to cut the tree down if he could keep my land. (PS, it was basically his nasty wife that was insisting that he defend "their" territory- we got along great before this nonsense. My neighbor's on the other side just moved there stuff.)