Boundaries – Common Property

Anything planted on the boundary line is common property to owners of land up to the boundary line, and trespass will lie if one owner removes anything from the boundary line without the others’ consent. Patterson v. Oye, 214 Neb. 167, 333 N.W.2d 389 (1983). For example, when the respective owners have jointly cared for a tree on a lot line and divided the expenses of protecting it, each has an interest in the tree sufficient to demand that the other owner not destroy it. The court found in favor of the party requesting retention of the tree for shade benefits.

The fact that the owner of land trims branches from hedge on land of adjoining owner which extends over property of first owner is no evidence that first owner has interest in or ownership of any part of hedge or that the hedge is the boundary between the lands. Jurgens v. Wiese, 151 Neb. 549, 38 N.W.2d 261 (1949).

Where a fence is constructed as the boundary line, although it is not the actual boundary line, and the parties claim ownership of land up to the fence for the uninterrupted statutory period, the parties gain title to such land by adverse possession. Petsch v. Widger, 214 Neb. 390, 335 N.W.2d 254 (1983). See also Wiedeman v. James E. Simon Co., Inc., 209 Neb. 189, 307 N.W.2d 105 (1981); Conkey v. Anderson Farms, Inc., 205 Neb. 708, 289 N.W.2d 541 (1980); Shirk v. Schmunk, 192 Neb. 25, 218 N.W.2d 433 (1974); Plischke v. Jameson, 180 Neb. 803, 146 N.W.2d 223 (1966).

SEE ALSO BOUNDARIES – FENCES