“Trees as the Fence Line”

A couple of months ago I read a purchase agreement that specifically said that the tree was the boundary line and that all the trees had to be located on the property they were buying. The selling Realtor sent me the contract as it was a major concern for the buyer and asking what I thought.

I told him, without a survey showing all the trees being located on the property how would anyone really know. Negotiations were started and went nowhere, as the seller wouldn’t agree to paying for a survey or agreeing to the guarantee that all the trees were on the property.

Eventually the negotiations went nowhere and the buyers moved on to another property. I have seen this issue come up from time to time no matter if the issue is trees or fences in general as a boundary. Most folks wouldn’t care, but for those certain few, boundaries make all the difference in the world.

Have you run into boundary concerns and how do you handle them?