Quote:
Originally Posted by BlackArcher101
Call 311 to get the quick definitive answer.
But I don't believe it's possible for something to belong to both properties at the same time, like a fence it must be on one side or have an owner. (I think)
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Nope, in residential real estate, we essentially allow boundary fences between neighbours to be treated as if ownership is indeterminate, unless one neighbour or circumstances can clearly establish ownership. If the fence happens to be off the property line, it is either owned by the property owner on whose side it is located or it is tresspassing there. In either case the said property owner can likely remove it without consequence. Technically the best thing you can do is build your fence just inside your property line to make this type of question moot.
Trees are tougher. If it is in the front yard, the 311 call is the right course of action. If in the back yard, most of the time, the owner on whose property the trunk is located has the right ti take it down as long as they are not actually damaging any neighbouring properties in doing so. In theory, you could have a tree farm drop off a nice big tree in a hole on your side of the property line the next day and the neighbour couldn't do much about it. (With some notable exceptions regarding overhanging limbs, etc.that I do not intend to go into.)
If the tree literally wits right on the property line, there's no clear and simple answer. It's ownership will be indeterminate unless one party can prove that they own it (i.e. they can show that they or a previous owner paid to put it in). Even in that case though, by putting it directly on the property line a potential tresspass on to the neighbour's property exists, which would give the neighbour some recourse.