Property Ownership
A Mississippi property owner's neighbor has planted trees that now encroach over the property line. The property owner has the legal right to:
ASue the neighbor for the full value of the tree
BTrim the encroaching branches and roots back to the property line without liability, but may not destroy the entire tree✓ Correct
CRemove the entire tree at the neighbor's expense
DDo nothing since natural growth is not an encroachment
Explanation
Generally under common law (the 'Massachusetts Rule' adopted in many states), property owners may trim encroaching branches and roots back to the property line without liability. However, they typically cannot remove the entire tree, especially if doing so would kill the tree on the neighbor's property.
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Key Terms to Know
Encumbrance
Any claim, lien, charge, or liability attached to real property that affects its value or limits its use.
Joint TenancyCo-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.
Tenancy in CommonCo-ownership where two or more people hold undivided interests that need not be equal and pass to each owner's heirs — no right of survivorship.
Right of First RefusalA contractual right giving a party the opportunity to match any offer received before the owner can accept it from a third party.
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