Neighbor Tree Dispute Ends in Michigan Court
Michigan homeowners sharing property lines with large trees should put any removal cost-sharing agreement in writing.
Updated on Nov. 5, 2026 in Landscaping
The Michigan Court of Appeals ruled that Seth Merle cannot reopen a dispute with neighbor Richard Hagopian over trees already settled in an earlier case. Merle, who lives in Livingston County, had been ordered to repay Hagopian $2,000 plus court costs after a tree-removal arrangement fell through.
Why it matters
For Michigan homeowners sharing a property line with large or aging trees, the case shows that a handshake or written cost-sharing plan for removal can end in litigation if the work never happens. The ruling also means a neighbor cannot keep refiling the same tree complaint once a court has decided it.
Each neighbor agreed to contribute $2,000 toward a $4,000 tree removal job on property in Livingston County, Michigan. The tree removal work was never carried out, and the small claims court ordered Merle to repay Hagopian $2,000 plus court costs.
The players
Michigan Court of Appeals
The state's intermediate appellate court, which decides whether lower-court disputes can be relitigated.
Seth Merle
The Livingston County property owner who sought to reopen the tree dispute with his neighbor.
Richard Hagopian
The neighbor who paid into a tree-removal agreement that was never completed and was owed a $2,000 refund.
The details
Merle and Hagopian had agreed in writing that Merle would organize the removal work and return Hagopian's contribution if the job could not be completed. Merle said he was worried the trees could fall and damage his barn, and an expert he hired reportedly warned some could come down onto his property within a year. The earlier court dismissed Merle's claim that Hagopian was negligent in maintaining the trees, and Merle then filed a second lawsuit over the same trees, which the appeals court rejected.
Timeline
September 23, 2026: Michigan Court of Appeals rules Merle cannot reopen the dispute over the trees.
The Home Front
Neighbor disputes over trees and property boundaries are a common source of small claims cases in Michigan, where courts apply res judicata to stop parties from refiling settled claims. This ruling shows the same principle reaching a dispute over shared trees in Livingston County.
If you share a property line with large trees, put any removal or cost-sharing agreement in writing with a clear completion date and refund terms. Have a licensed arborist assess any tree that could threaten a structure before you agree to split costs.
The takeaway
A written cost-sharing agreement with a neighbor should spell out who does the work and how money is returned if it is not completed. Keep copies of any agreement and payment records in case a dispute reaches small claims court.
Further reading
For more on managing trees near your home, see Landscaping in our home section.
Source note: This article includes information reported by Economic Times.
