There is an oak tree half on our lot and half on our neighbor's lot. They want to cut it down at their expense. But we like the tree because it provides shade for our lawn. The tree is completely healthy. Must we agree to let them chop it down?

Q: There is an oak tree half on our lot and half on our neighbor's lot. They want to cut it down at their expense. But we like the tree because it provides shade for our lawn. The tree is completely healthy. Must we agree to let them chop it down?

A: There is no clear answer to your question.

Your neighbors can remove their half of the tree, including the trunk, but if they kill the tree (as they likely would), you could then sue them for the loss of the value of the portion of the tree that you own.

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