Solomon's Quandry

[Ludwig]

There is a volunteer Arizona Ash that has taken up residence between my chain-link fence and the wooden fence behind a business. That tree has been topped regularly to keep it from interfering with the cables that run along that fence line but the trunk is getting wider and wider to the point of destroying my chain-link fence. When I purchased my property, there was a utility easement just outside my fence and it was wide enough for a vehicle the drive down. When the business was constructed, they poured concrete into that easement and constructed their fence in that easement, parallel to and a foot from my fence. My quandry: Who is responsible for that tree? I want it dead and I want my fence repaired. I contacted an arborist and he said that he could cut it down and haul it to the curb for $600 but I don't want to spend that money if it's not my tree and then risk a fine for cutting down someone else's tree; I would also have to take out a section of the business' fence to get at the tree's base. I would appreciate any advice or suggestions.

[Night Owl]

There is a volunteer Arizona Ash that has taken up residence between my chain-link fence and the wooden fence behind a business. That tree has been topped regularly to keep it from interfering with the cables that run along that fence line but the trunk is getting wider and wider to the point of destroying my chain-link fence. When I purchased my property, there was a utility easement just outside my fence and it was wide enough for a vehicle the drive down. When the business was constructed, they poured concrete into that easement and constructed their fence in that easement, parallel to and a foot from my fence. My quandry: Who is responsible for that tree? I want it dead and I want my fence repaired. I contacted an arborist and he said that he could cut it down and haul it to the curb for $600 but I don't want to spend that money if it's not my tree and then risk a fine for cutting down someone else's tree; I would also have to take out a section of the business' fence to get at the tree's base. I would appreciate any advice or suggestions.
Is the easement a part of your property. I own the easements on 3 sides of my yard and that's why I'm asking. If the easement is yours then it's your responsibility, if not then it belongs to the business and is their responsibility. Good luck.

[just2cents]

Check your property survey,it will have your property lines. You can also check with the city code enforcement if it belongs to someone else and is damaging your fence.

[mac]

There is a volunteer Arizona Ash that has taken up residence between my chain-link fence and the wooden fence behind a business. That tree has been topped regularly to keep it from interfering with the cables that run along that fence line but the trunk is getting wider and wider to the point of destroying my chain-link fence. When I purchased my property, there was a utility easement just outside my fence and it was wide enough for a vehicle the drive down. When the business was constructed, they poured concrete into that easement and constructed their fence in that easement, parallel to and a foot from my fence. My quandry: Who is responsible for that tree? I want it dead and I want my fence repaired. I contacted an arborist and he said that he could cut it down and haul it to the curb for $600 but I don't want to spend that money if it's not my tree and then risk a fine for cutting down someone else's tree; I would also have to take out a section of the business' fence to get at the tree's base. I would appreciate any advice or suggestions.

are you sure it's not a right of way instead of an easement?...........if it's a right of way, your fence prob'ly runs right smack down the middle of it and therefore, the tree would not be on your side of the fence....mac