what kind of lawyer do i need to sue a company for cutting down my trees

by Hollie Yundt 3 min read

An experienced real estate lawyer can also assist you in filing the necessary paperwork to bring a lawsuit, providing representation in court, and recovering any damages. Additionally, your lawyer can inform you of your rights and will be able to answer any questions you may have about tree and neighbor disputes.Jul 29, 2021

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

Apr 21, 2017 · I hired a tree trimming company to cut down 6 dead trees 2 dead stumps and 1 branch off my oak tree, to clean up only the dead branches on front trees. They butchered my yard cut down trees and took off limbs not authorized they broke 2 windows my gate and my sprinklers. My oasis now looks like a construction zone. I just purchased this ...

Can I Sue my Neighbor for cutting down my tree?

You would need to speak to a plaintiff's attorney. However, you would also have to consider what type of damages you would realistically receive. If you didn't incur any medical bills, had no emotional distress, and can't show that their negligence was severe enough to warrant punitive damages, then I doubt this would be a case worth pursuing.

Is it legal to cut down someone's tree on your property?

Aug 18, 2021 · A real estate lawyer will be able to inform the individual about their legal rights and whether they have a viable argument to prevent the neighbor from chopping down their shared tree. If the law is on the individual’s side and a lawyer determines that the individual does in fact have a viable argument against their neighbor, then the next step would be to file an injunction …

Do trees have legal rights and lawsuits?

Apr 11, 2017 ·

What is the fine for cutting down an oak tree in California?

Under existing city law, destroying a California live oak or any of several other oak species without a city permit is a misdemeanor punishable by a fine of $1,000 and a jail sentence of up to six months. To get a permit, developers must agree to replace each oak they destroy with two new oak trees.Apr 6, 1991

Is it illegal to cut down trees in California?

Cutting Down Other Trees In California, no private citizen is permitted to cut down a tree on public land, and Californians can face serious legal consequences if they chop down any tree on another person's property. This is equally true of trees on property lines.Sep 13, 2021

Do I need a permit to cut down a tree on my property in Massachusetts?

Explains the holding in Shiel v. Rowell: If a tree is healthy, a property owner does not have to cut it down or trim it to please a neighbor. If branches or roots cross a property line, the neighbors can cut them themselves.

Can I cut down trees on my own property in California?

You may not cut down the tree. You need permission to enter the tree owner's property. You cannot injure the tree when trimming. Trimming may only occur up to the boundary line between properties.

Who is responsible for cutting overhanging tree branches in California?

2d 730.] If a neighbor's tree has branches hanging over your property, your neighbor is liable for any damage caused if those branches fall. [Smith-Chavez, et al., Cal.Dec 15, 2020

What trees can you not cut down in California?

California law protects native trees, including oak trees. The state of California bans the removal of certain native trees, including oak trees. Oak trees existed in the state during ancient times, according to the city of Los Angeles, and were used by Native Americans and Spaniards living in the area.

Who is liable when a tree falls on a neighbor's property?

When a tree falls over onto a neighbor's property, that neighbor should submit a claim to his or her insurance company immediately. The insurance company is usually responsible for taking care of the damages. This is true if the tree fell over due to an act of nature.

What is the law against cutting trees?

Section 68 of PD 705 states that “any person who shall cut, gather, collect, or remove timber or other forest products from any forest land, or timber from alienable and disposable public lands, or from private lands, without any authority under a license agreement, lease, license or permit, shall be guilty of ...Oct 14, 2019

What trees are illegal to cut down in Florida?

Trees that top this list include sand live oak, live oak, sabal palm (as long as they are not overly pruned and weakened by the inappropriately named “hurricane cut”), southern magnolia, bald cypress, yaupon holly, winged elm and crape myrtle.

Who is liable when a tree falls on a neighbor's property in California?

Any amount of removal or damage that traverses the property line without the owner's consent, even if genuinely and reasonably believed to be correct, can make the trimming neighbor liable to the owner for damages two to three times the value of actual damages.

Can I make my neighbor trim his tree California?

California Civil Code section 3346 considers the encroachment of branches and roots onto your property to be a nuisance. You are allowed to trim the tree on your land in a way that the tree is not damaged.Nov 7, 2017

Can I throw my Neighbours branches back California?

Surprisingly, the answer is “No.” In the 1994 case of Booska v. Patel, a California appellate court held that a neighbor does not have the absolute right to cut encroaching roots and branches so that they end at his or her property line.

The Landscaper Damaged the Lawn! Now What?

Well, naturally the first thing to do is to contact the lawn care company. If they haven’t reached out to you already.

What if the Landscaper Refuses to Repair Damage?

First of all, find a lawn care pro on GreenPal, and replace the other guy.

Prevent Issues Before the Arise

There are a few things that you can do to mitigate being stuck in this situation ahead of time:

What to do if neighbor refuses to remove tree?

If your neighbor is unwilling to remove a dangerous tree, you may have to go to court. A real estate lawyer can help you take the proper steps to remove the dangerous tree. If you chose to sue for damages, a real estate attorney can file the necessary paperwork and represent you in court.

What to do if you don't want to trim a tree?

If you do not want to trim the tree, check your local tree ordinance to make sure that the law is on your side. You may be violating a local law if the tree size is a hazard or violating a local ordinance height or size limit.

What happens if you cut down a neighbor's tree?

If your neighbor’s tree branches hang over your yard, you have the right to trim them up to the property line. However, you may not trespass onto your neighbor’s property or destroy the tree. If you deliberately harm your neighbor’s tree, you may be liable to your neighbor for two to three times the value of the actual monetary loss.

Can a tree be removed without permission?

In that case, all owners are responsible for the care of the tree and the tree cannot be removed without the other owner’s permission.

Robert Leon Tankel

Did you have a written contract? Did the "contractor" have insurance? Dd they ring your doorbell and say that they were in the neighborhood and wondered if you needed help? Did they show aany sign of being a legitimate company? Did their trucks have phone numbers aanda company name on them? did you do a web search on them? I can't even begin to start forming an opinion on your legal....

Gary Steven Gaffney

Of course; anyone can sue anyone for anything; the more focused questions are: 1) can I win? and 2) can I collect? and perhaps most importantly to most folks - how much is this going to cost me?

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 to do when you hire an attorney?

When you hire an attorney, you do so with trust and confidence. Most attorneys are upstanding and do a good job for their clients. Unfortunately, there are also some bad eggs out there. If your attorney has done something wrong, you may want to consider suing a lawyer for malpractice.

What do you need to show when suing an attorney for malpractice?

When suing an attorney for legal malpractice, you will need to show that the attorney did not use the ordinary amount of skill and care that most attorneys use in similar situations.

What are the types of malpractice?

Types of Attorney Malpractice 1 Negligence. To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy. Negligence happens when the attorney makes mistakes that other attorneys normally would not. 2 Breach of duty. This kind of malpractice happens when the lawyer violates his or her responsibilities to you by settling the case without your approval, not preparing the case for trial, lying to you, abandoning your case, misusing funds you provided for court costs, or misusing funds owed to you (such as a settlement amount). The attorney has not done what other attorneys would do in this type of case. 3 Breach of contract. This occurs when an attorney fails to do something he or she agreed to in your contract, such as filing your deed or patent. If the lawyer promised to do something he or she was contractually obligated to do and didn't do it, you have grounds for breach of contract.

Can an attorney be disbarred?

The attorney could be disbarred or directed to pay you compensation. If you are disputing a fee with your lawyer, the state also likely has a fee dispute committee that can help you obtain an out-of-court resolution. You can hire another attorney to complete or fix your case and obtain the outcome you need.

What is a breach of contract?

Breach of contract. This occurs when an attorney fails to do something he or she agreed to in your contract, such as filing your deed or patent. If the lawyer promised to do something he or she was contractually obligated to do and didn't do it, you have grounds for breach of contract.

Can you sue a lawyer for negligence?

To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy.

Sheldon Philip Starke

Please find a real estate lawyer and bring all your paperwork. The Middletown area has some decent practitioners. It may be helpful to call a lawyer in general practice. . .this is not an uncommon problem. Try the AVVO Find a Lawyer Tab. Good luck.

Gregory Adam Wetzel

You need to talk to an attorney who knows RESPA, the Real Estate Settlement Procedures Act. As of January 2014, there are new regulations that are designed to prevent you from getting the runaround about loss mitigation and having to reapply multiple times.

Jonathan Holfinger

The CFPB was created in theory to protect the consumer and they want your complaint about your lender. Ensure you have filed your complaints with specificity here: http://www.consumerfinance.gov/complaint/ Keep in mind, they will gather those and potentially investigate the lender, but they aren't going to solve every situation.

The Landscaper Damaged The Lawn! Now What?

What If The Landscaper Refuses to Repair Damage?

  • First of all, find a lawn care pro on GreenPal, andreplace the other guy. Unfortunately, not all lawn care companies are that reliable. Sometimes people find that their lawn care company simply refuses to repair the damage they caused. I know, it’s not fair. But should you take them to court if they refuse to repair the damage? Truly,it depends, but usually it is not worth the effort.. Fortunat…
See more on yourgreenpal.com

What If It’S A Lot of Damage?

  • Now, if the landscaper accidentally causes a considerable amount of damage. Let’s say knock down a retaining wall, and he still refuses to fix, or pay up. You may want to call your homeowners insurance and see if they will cover the cost. Again, if you take them to court, they may not have the ability to pay the costs. Meaning you will be stuck with a larger bill.
See more on yourgreenpal.com

Prevent Issues Before The Arise

  • There are a few things that you can do to mitigate being stuck in this situation ahead of time: 1. Hire your landscaper through GreenPal:Our review system prevents such problems from occurring. 2. Hire an insured landscaper:They may charge more, but if you need to sue you know you can collect for damages. 3. Work with the Landscaper: Ti is very rar...
See more on yourgreenpal.com

What’s The Bottom Line?

  • 9 times out of 10 a lawn care professional will always repair damage they caused, or pay to have it fixed. It is also a good idea to plan ahead and avoid issues before they arrise. Sorry, if I have been the bearer of bad news. However given my experience in the industry, I have met with many clients in similar situations.My company was always brought in to repair damage caused by oth…
See more on yourgreenpal.com

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

Who Owns The Tree?

  • The person whose property it is where the tree trunk sits is also the person to whom the tree belongs. So, if the tree trunk sits entirely in a neighbor’s yard, then the tree belongs to that neighbor. On the other hand, when the tree is located directly on property lines, then the tree belongs to both property owners and thus both neighbors are responsible for taking care of the t…
See more on legalmatch.com

What About Dangerous Trees?

  • When a tree poses an actual threat or danger to a person or their property, then a local city agency may be able to intervene and resolve the issue with the tree. For example, if a tree is at risk of falling over, crashing into a person’s house, and potentially harming the persons who reside in it, then it may be best to contact the city to circumvent a neighbor who is refusing to have it remov…
See more on legalmatch.com

Do I Need A Lawyer to Help Me with My Tree Problem?

  • If your neighbor is refusing to remove or take care of a tree that is encroaching on your property, then you may need to take legal action against your neighbor to resolve the issue. You should begin the legal process by hiring a local real estate lawyerto review your case. If your lawyer determines you have a viable claim, then they can help you t...
See more on legalmatch.com