what type of lawyer for damage to trees

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

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: The cost of replacing the tree. This would also include the cost of ...

Can a lawyer appear in a civil case for tree damage?

The book Neighbor Law, by Attorneys Emily Doskow and Lina Guillen, provides extensive advice on tree-related law and liability issues involving invading branches, damage from an unsound tree, boundary trees, and more, including how mediation or …

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

Sep 05, 2018 · 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. If the damage was solely the result of a thunderstorm or act of God, the tree owner ...

Who is liable for tree damage?

In some California cities, certain types trees are illegal to cut down or prune. ... Procedure § 733 and Civil Code § 3346 allow a tree owner to recover up to three times the cost of repairing the damaged tree. Under case law, the tree owner can also, recover for the damage caused to the aesthetic value of the tree. ...

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...

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.

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, ...

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 ...

How much is someone liable for injuring a tree?

In almost every state, a person who intentionally injures someone else's tree is liable to the owner for two or three times the amount of actual monetary loss. These penalties protect tree owners by providing harsh deterrents to would-be loggers.

How to avoid neighbors trimming trees?

To avoid an unpleasant dispute (or your neighbor trimming your tree on their own—and possibly botching the job), talk with your neighbors and find out exactly how much tree trimming would do the trick. If it's not too much, and doesn't affect the health or aesthetics of your tree, consider making the trim.

What happens if you refuse to trim a tree?

If you're breaking the law by refusing to trim your tree, the results might be more than a bad relationship with your neighbor; you could find yourself in court if your neighbors sue you for interfering with the use and enjoyment of their property,

Can you trim back a tree?

You can trim back branches to your property line, but that might not solve the problem if you're worried about the whole tree coming down. City governments often step in to take care of, or make the owner take care of, dangerous trees.

Can you cut down a tree on your property?

You have the legal right to trim tree branches up to the property line. But you may not go onto the neighbor' s property or destroy the tree itself. In almost every state, a person who intentionally injures someone else's tree is liable to the owner for two or three times the amount of actual monetary loss.

Can you sue someone for cutting down a tree?

You can sue to enforce that right, but you probably won't have to, once you tell your neighbor what the law is.

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 the appellate court?

Appellate Court’s Analysis and Holding: The appellate court analyzed various cases and laws. Some laws emphasize that you generally have a right to control how you manage your own land. Other laws stress that you have a duty to consider the effect of your actions on your neighbors and their property.

Can neighbors cut down trees?

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.

What happens if a tree falls on your house?

What If A Tree Or Branch Falls Onto My House or Car? It is a possibility that a tree or branch will fall and damage somebody else’s property. This is possible with trees that are already encroaching or trees that are not encroaching while standing, but are once they fall.

What is an encroachment?

An encroachment is like a trespass, but instead of trespassing with one’s body, the trespass is performed with a building, a fence, or for purposes of this article, a tree. So why is a tree a problem?

Can you cut down a tree on your property?

You can chop out any roots that are on your property and cut off any branches reaching over your land. Your neighbor may complain but you are still within your legal rights. There are two exceptions, however; (1) You cannot cut down the tree completely or knowingly cause its death and (2) with FRUIT TREES, you cannot cut down ...

What is the law of premises liability?

While the law of premises liability varies from state-to-state, the law generally is that in order to hold a property owner liable for damage caused by falling limbs or trees located on an owner’s property, the owner must have actual or constructive notice of the risk. This can be actual notice ( e.g., they are advised by local tree company to cut it down or portions of the tree have already fallen) or constructive notice (dangerous condition is obvious and existed for such a length of time that the owner should have known). In finding negligence, courts and juries will look at a variety of factors including the amount of time the condition existed, the size of the premises, the type of condition, and when a reasonable person would have discovered the condition. It would be prudent for landowners to conduct periodic inspections of trees located on their property to ensure the safety of others and surrounding property. While the early common law was generally that owners were not liable for physical harm caused to persons not on their property, even if the conditions may be highly dangerous or inconvenient to neighbors, things have evolved. Today, most owners have a duty to exercise reasonable care regarding natural conditions on their land which lies adjacent to a highway or waterway.

Do trees rot on public property?

Trees on public property also rot. State and local government enjoy sovereign immunity, except when waived by state law. For many municipalities, there is a duty to make periodic visual inspections of trees on public property. The inspections should be done by qualified people ( e.g., certified tree inspectors).

What is property damage?

By definition, property damage is “injury to real or personal property through another’s negligence, willful destruction, or by some act of nature.” The law categorizes property damage in three distinct ways: 1 Negligent property damage: When someone’s carelessness directly results in harm. For example, if a neighbor’s tree falls onto your roof and causes damage, it may be considered negligent because they didn’t take proper care of it. 2 Accidental property damage: When someone causes damage, yet it wasn’t intentional. If someone drops your phone in a puddle after borrowing it to make a call, they didn’t mean to break the device – but it still happened. 3 Malicious property damage: When someone means to harm your property out of rage, spite, or a desire to hurt you. This includes vandalism and/or attacks (like slashing your vehicle tires after an argument).

Does property damage insurance cover damage to a car?

Some insurance premiums cover property damage, but coverage may be highly dependent on the scenario. Let’s say you’re in a car accident caused by another car and driver. That driver’s insurance may pay for the damage to your vehicle, but only if they carry a high enough property damage liability limit to cover the damage to your car. If they only have a limit of $5,000 and the damage to your car is $8,000, you may have to sue the driver for the $3,000 difference in order to repair your car.

Why are trees important?

Trees are a wonderful thing to have around a home! There are so many benefits to having trees, that often, people do not think about the potential consequences or difficulties that could come from having these trees on a property. While trees do block sunlight, offer a space to sit in the shade, or even mitigate some of the frigid winter wind, ...

Do trees block sunlight?

While trees do block sunlight, offer a space to sit in the shade, or even mitigate some of the frigid winter wind, trees with shallow root systems are a hazard to foundations. This is often something that is not the main focus or even something that homeowners are aware of, so Allied has put together this guide on which trees wreak havoc on your ...

Can ash trees damage a foundation?

Ash trees are just as guilty of foundation damage. Ornamental ash trees are very common, but they are also very common in causing damage, especially the white ash tree. These are also very tall, such as the white poplar, and have widely spread roots. The Carolina ash trees, native to North America, thrive in swampy areas and grow to around 30 feet tall. Green ashes can have a root spread of up to 30 feet, making them especially likely to take out a foundation if they are close to a home. Their water-seeking roots spread out to find moist and saturated soils, leaving them with the opportunity to seek the foundation for resources.

Do oak trees break into pipes?

Oaks make up a very small percentage of the tree population in the United States, but it accounts for over ten percent of foundational damage. Regardless of whether the oak is deciduous or evergreen, the tree has a shallow, fast-growing root system. These kinds of root systems spread out and take up incredible amounts of water and nutrients from the soil around them, and are likely to break into cracks in foundations or pipes in order to get more nutrients and water. Of all the types of oak, the water oaks, live oaks, chestnut oaks, and red oaks are the most likely to cause foundation issues and should be avoided as much as possible in close proximity to your home's foundation.

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 bel…

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