neighbor cut my trees what kind of lawyer do i need

Thus, if your neighbor is attempting to cut down a shared tree, then you may want to consider hiring a local real estate lawyer for further legal guidance. An experienced real estate lawyer will be able to advise you on your legal rights and protections when it comes to disputes over property lines and shared trees.

Full Answer

Is it legal for a neighbor to cut down a tree?

To learn more about laws governing trees on your property, and what to do if your tree is damaged, get Neighbor Law: Fences, Trees, Boundaries & Noise, by Emily Doskow and Lina Guillen (Nolo). If you want to consult with a lawyer about tree damage or another type of neighbor dispute, check out Nolo's trusted Lawyer Directory , to find an ...

How can a real estate lawyer help with tree and neighbor disputes?

Do I Need a Lawyer to Keep a Neighbor from Cutting Down Shared Trees? Disputes between neighbors over shared trees can present complex legal issues. Thus, if your neighbor is attempting to cut down a shared tree, then you may want to consider hiring a local real estate lawyer for further legal guidance. An experienced real estate lawyer will be able to advise you …

What to do if your neighbor has a tree in your yard?

Sep 05, 2018 · Get Help From an Attorney. Disputes with neighbors can be quite frustrating, especially since you don't really have a choice in who lives next to you. If a neighbor's tree is causing trouble or posing a safety risk for you or your family, there are legal options available. Consider speaking with a real estate attorney if you have a dispute with a neighbor that you're …

Who is responsible if a neighbor's tree falls on my property?

Aug 25, 2020 · Chopping down trees without permission or having a neighbor cut down a tree on your property is inevitably a tense area of law. Damage to trees has become increasingly complex over the years based on the various measures of damages, defenses to these actions, and expert witnesses with knowledge of how to defeat and prosecute these claims.

What Counts as "Damage" to Your Tree?

To run afoul of the law, your neighbor doesn't have to chop down your tree. Its enough to just damage the health of your tree. For example, your ne...

What Do You Have to Prove in Order to Recover Damages from A Neighbor For Destroying Or Damaging Your Tree?

In general, you must meet two requirements in order to have a legal right to compensation for a damaged tree. 1. Your own property must be damaged....

Can A Tree Owner Recover For Actual Losses Caused by Tree Damage?

Yes. If someone damages or destroys your tree, you can recover for the amount of your actual loss due to the injury or destruction of the tree. Thi...

Can A Tree Owner Recover For More Than Just Actual Damages If A Neighbor Intentionally Damages Or Destroys A Tree?

Some states have specific statutes that provide for additional damages if someone intentionally damages your tree. For example, in Mississippi, if...

What Happens If The Tree Owner Already Received Partial Compensation from An Insurance Company?

If your tree was damaged or destroyed and an insurance company compensated you for part of the loss, you must subtract this amount from any other d...

Is Intentionally Harming Someone Else's Tree A Criminal Act?

In most states, deliberately injuring a tree is not a crime. A minority of states do have statutes that make intentional tree damage a crime result...

Where Can I Go For More Help on Tree Laws and Neighbor Disputes?

To learn more about laws governing trees on your property, and what to do if your tree is damaged, get Neighbor Law: Fences, Trees, Boundaries & No...

What happens if someone cuts down a tree?

If your neighbor or someone else cuts down, removes, or hurts a tree on your property without your permission, that person is required to compensate you (the tree owner) for your loss. If necessary, you can sue to enforce your rights. Here's the lowdown on what you must prove to recover for a damaged or destroyed tree, ...

How to recover damages from a tree?

Yes. If someone damages or destroys your tree, you can recover for the amount of your actual loss due to the injury or destruction of the tree. This recovery is available even if the damage was caused by an honest mistake. A final dollar figure for actual loss might include: 1 The cost of replacing the tree. This would also include the cost of removing debris and cleanup. 2 Diminished property value. If replacing the tree is impossible, then you can recover for the decrease in your property value due to the lost tree. 3 Out-of-pocket expenses. In most states, you can recover for money reasonably spent trying to save an injured tree, or to remove a dead one. Such expenses might include appraisal costs, cleaning up debris, repairing the yard, or missed work time to deal with the tree damage. 4 Aesthetic loss and mental anguish. A few courts have awarded damages to tree owners for aesthetic loss and mental anguish in tree damage cases.

Can a dead tree be dangerous?

The tree in question must not create an immediate danger to others. Unsound trees that threaten a neighboring property are not under the same legal protection as healthy trees. In some circumstances, for example, if a dead tree is about to fall, a neighbor can even enter an owner's property to prevent any harm.

Can neighbors trim trees?

For example, your neighbor has the legal right to trim branches of your tree if they hang over the property line. But if the trimming seriously injures your tree, your neighbor will be liable to you for the damage done. Similarly, if your neighbor uses a chemical in his or her yard to destroy unwanted roots, and the chemical seeps onto your ...

What if the Roots or Branches Are Damaged?

As previously mentioned, the laws regarding legal liability for damaged boundary trees will vary in accordance with state laws and local ordinances. In general, a boundary tree is considered to belong to both sets of property owners. Thus, neither owner may destroy or damage the tree without each other’s consent to do so.

What Type of Damages Can I Collect from My Neighbor?

The most common type of remedy that a person can collect from a neighbor who destroyed a shared tree is a monetary damages award.

Can I Prevent a Neighbor from Cutting Down Shared Trees?

An individual may be able to prevent their neighbor from cutting down a shared tree in certain situations. In order to determine whether this will be possible, an individual should consult the laws in their local jurisdiction concerning tree and neighbor disputes.

Do I Need a Lawyer to Keep a Neighbor from Cutting Down Shared Trees?

Disputes between neighbors over shared trees can present complex legal issues. Thus, if your neighbor is attempting to cut down a shared tree, then you may want to consider hiring a local real estate lawyer for further legal guidance.

What happens when a tree falls on a neighbor's property?

Sometimes disputes arise between neighbors when trees belonging to one property owner fall on and damage or destroy adjacent property. In such cases, the tree owner is only responsible for damage if some failure to maintain the tree contributed to the damage.

What is a boundary tree?

A boundary tree is one planted on the boundary line itself and should not be removed without mutual agreement. Leaves, bean pods, or acorns which fall off and end up on adjacent property are considered a natural occurrence and are the responsibility of the landowner on whose property they ultimately come to rest.

Can trees be dangerous to neighbors?

For instance, large trees that hang over a neighbor's fence may pose a risk of injury or property damage, while trees that aren't trimmed properly can block a neighbor's scenic view. See FindLaw's Neighbors and Trees section for related articles.

What is mitigation of damages?

Mitigation of damages as a defense to damage to trees involves a case that, in fact, arose from another case involving damage to trees. Green v. Smith (1968) 261 Cal.App.2d 392, 396, explained that: “A plaintiff cannot be compensated for damages which he could have avoided by reasonable effort or expenditure…. If a choice of two reasonable courses presents itself, the person whose wrong forced the choice cannot complain that one rather than the other is chosen.… It is sufficient if he acts reasonably and with due diligence, in good faith.”

Who is Scott Talkov?

Scott Talkov is a real estate lawyer, business litigator and bankruptcy lawyer in California. He founded Talkov Law Corp. after of experience with one of the region's oldest law firms, where he served as one of the firm's partners. He has been featured on CNN, KCBS, and KCAL-9, and in the Los Angeles Times, the Orange County Register, the San Diego Union-Tribune, and the Press-Enterpise. Scott has been named a Super Lawyers Rising Star every year since 2013. He can be reached about new matters at info@talkovlaw.com or (844) 4-TALKOV (825568). He can also be contacted directly at scott@talkovlaw.com.

Can you cut down a tree without permission?

Chopping down trees without permission or having a neighbor cut down a tree on your property is inevitably a tense area of law. Damage to trees has become increasingly complex over the years based on the various measures of damages, defenses to these actions, and expert witnesses with knowledge of how to defeat and prosecute these claims.

What happens if a tree dies on your property?

If the tree was dead or diseased, and the neighbor was warned but did nothing about it, you may be compensated for damage to your property. Content Square 2. Sometimes a tree on one person’s property has roots that extend so far that they damage a fence on the adjacent property.

What is content square?

Content Square 1. Issues With Leaves, Acorns and Fruit. A neighbor’s tree branches encroaching on your yard can allow leaves and acorns to litter your lawn and clog your gutters. The neighbor isn’t responsible for fallen leaves or acorns, since those are natural occurrences, but you can trim branches that extend onto your property. ...

Can you cut down a tree in your yard?

That means you can’t cut it down, but you do have the right to trim any branches that hang over your yard to avoid damage to your property.

Who is responsible for tree damage?

In most locations (and we stress that the laws may vary in your area), property owners are responsible for boundary tree damages on their own property, if the damage from the fallen tree occurs from an act of God, or during a hurricane or other extreme weather conditions. So it depends entirely on whose side of the property line the damage occurs.

What happens if you cut back a tree?

If you cut back a limb and disease attacks the limb, it may no longer be a healthy tree. And according to NOLO, some case law exists that awarded damages to property owners if their neighbors have trimmed a tree to the point where the tree is no longer visually pleasing.

What is a decrease in value?

A decrease in value if the property itself if the tree is removed or damaged. Expenses to treat a damaged tree, or to remove a dangerous or dead tree. Replacement cost. This could include labor and cleanup costs.

Can a tree be chopped down?

According to the legal advice website NOLO, the tree doesn’t have to be chopped down to cause a legal battle. If you or your neighbor decide to trim branches, cut tree roots, ...

Katie Jean Comstock

I agree with my colleagues. RCW 64.12.030 makes it unlawful to go onto another person's property and remove trees. RCW 64.12.030 also provides that where the trespass is willful the trespasser will be liable for treble damages. The first and most important step is to commission a survey.

Shawn B Alexander

I agree with both previous answers and the first step is to find the property line. If the survey and yes you may need a survey show the trees were your or on the line. Call a lawyer ASAP if the trees were on the neighbors property get the fence up to protect your dogs, you may have a claim if the holes were on your side.

George O. Tamblyn

If it is clear that the trees were on your property, you can sue the neighbor for trespass and seek damages for the value of the trees. You should get an estimate of the cost of replacing them and have a lawyer write a demand letter to the neighbor.

L. Maxwell Taylor

I suspect if the trees were on his property he has the right to remove them, and if they were on your property you may have statutory remedies assuming your state has a timber trespass statute. But since you are the one claiming he did something wwrong, it would seem to behoove you to establish that neighbor is doing these things on your land.

What Can I Do If My Neighbors Complain About My Tree in Their yard?

• In the event that a neighbor is the one complaining about a tree in a person’s yard, then the person should talk to their neighbor about the problem and ask them what actions they think would help resolve the issue. For example, if there are branches hanging onto the neighbor’s pro…

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