No, your neighbor can’t cut down your tree. They can only trim branches that stretch over the property line. The law forbids any further cutting or destruction of the tree. For the neighbor to cut your tree, they would have to trespass over your property—which is illegal.
Can a neighbor cut down a tree over your property line?
If limbs or branches from your neighbor’s trees extend into your property line, you are legally allowed to trim the areas hanging over your property. When trimming them, however, you must stay on your own property. This means you may not go into your neighbor’s yard for a better angle when cutting or destroy the tree.
Can an arborist damage a neighbor’s tree?
Neither you nor your arborist may go onto a neighbor’s property or destroy the tree. If you do go onto a neighbor’s property or harm the tree, you could be liable for double or triple the value of the tree! If the tree trunk sits entirely in your neighbor’s yard, they’re the owner.
Can I legally trim overhanging branches from my Neighbors yard?
Can I Legally Trim Overhanging Branches From My Neighbors Yard? Even though a tree may be planted by your neighbors well within their property lines, over time as that tree grows, the branches can extend beyond their property line and into your yard.
Can an arborist cross property lines to trim a tree?
Crossing property lines to trim or cut down a tree is not something you or your arborist can do. Neither you nor your arborist may go onto a neighbor’s property or destroy the tree.
What happens if your neighbor kills your tree?
In case your neighbor killed your tree without your permission, you’re entitled to compensation, and you can take your bad neighbor to court. If your case is eligible for small claims court, you can sue your neighbor with DoNotPay and avoid paying a small fortune for lawyer fees.
How much compensation can you get for a tree?
According to the law, you are entitled to compensation of up to three times the value of the tree. Note that—if you choose to take your neighbor to small claims court—you can only sue for up to $10,000.
What to do when your neighbor is deaf?
When your neighbor’s acting deaf, warn them about the potential consequences of their behavior in writing. You can do that in no time using our Neighbor Complaints product. To write and mail a demand letter with ease, follow these steps:
How much does it cost to replace a tree?
Tree replacement costs —The average tree value is between $500 and $2,500. Trees of remarkable cultural, historical, or aesthetic value can cost between $20,000 and $60,000
Can utility companies order you to remove a tree?
Call utility companies —Utility companies can order you to remove the tree if it poses a danger to utility installations
Does DoNotPay cut through red tape?
Dealing with paperwork doesn’t have to be tedious. With DoNotPay’s help, cutting through red tape is fast and easy. With a few clicks in our app, you’ll be able to:
Is it illegal to remove a tree without permission?
All property owners share responsibility for the said tree. Removing it requires the consent of all property owners, which means harming or removing it without permission is illegal.
What was the name of the case in which a neighbor was sued for removing the roots of a pine tree?
In the 1994 case of Booska v. Patel, Patel (the neighbor) hired a contractor to remove the roots from the large Monterey pine his neighbor (Booska) owned. Patel claimed the roots had started to damage concrete around his property.
What to do if you can't see your neighbor?
Ultimately, if there is no possible way of seeing eye to eye with your neighbor, consult lawyer that is familiar with aboriculture law.
How much is a neighbor liable for a tree damage?
If you damage a neighbor’s tree, you might be liable for two to three times the value of a tree. A homeowner was forced to pay over $40,000 to his neighbor for damage done to his neighbor’s tree by an unlicensed laborer he had hired to trim to his property line.
What to do if your patio is damaged by a neighbor's tree?
Even if your patio or foundation is being damaged by encroaching roots from your neighbor’s tree, great discretion is advised. Talk to a local certified arborist who knows the law or speak with an attorney.
What if an overhanging tree limb is threatening to do immediate harm to my home or property?
If a tree or any of its overhanging limbs appear cracked or decayed and present an immediate threat to your property, it is best to speak to your neighbor immediately. They might not be aware of the tree’s condition.
Can I or a hired laborer cross a property line to complete a trimming job?
Property lines cannot be crossed without the owner’s permission. Doing so may be considered trespassing. This goes for any lawn care, landscaping or arboriculture crews that might be hired to trim a neighbor’s tree branches to the property line. If you or anyone you hire needs to cross the property line to complete a job, talk to your neighbor first.
Who is responsible for trees located on a property line?
A tree with its trunk situated on the property line is owned by both of the property owners. In the case of a tree removal this is especially important to know. Both property owners must agree to the tree’s removal. Consult with an attorney if you cannot reach an agreement with your neighbor.
What to do if neighbor doesn't act?
If your neighbor fails to act, or perhaps does not have the means to act, consult with a certified arborist before you do anything. Removing or trimming damaged tree limbs can be dangerous.
Why is it important to know your responsibility and rights as a property owner?
Knowing your responsibility and rights as a property owner is important to being a good neighbor and to avoiding unnecessary fines and court costs.
What happens if a neighbor refuses to cut down a tree?
But if the neighbor either refuses to trim the tree or ignores your request, you may file a formal complaint with local authorities.
What is a dispute between neighbors and trees?
Neighbors and Trees. Trees are a common dispute among neighbors. Tree disputes can take many forms, such as trees that fall on a neighbor's property and cause damage or circumstances where a neighbor's tree blocks what would be a scenic or otherwise pleasant view. In some cases a neighbor's tree may actually block a view ...
What to do if a tree falls on your neighbor's house?
If you have a tree that looks like it may fall onto your neighbor's yard or house, you are responsible for taking the steps necessary to alleviate those risks. You may not know whether a tree is a potential accident waiting to happen, since it may not be visible from your perspective. If a neighbor alerts you to such a hazard but you don't take care of it, they may seek a court order to have it removed. As with most neighbor issues, communicating with your neighbors and anticipating problems early usually eliminates the need for legal action.
What happens if neighbors interfere with your property?
If a neighbor’s actions continuously interfere with your enjoyment of your property, you can sue to put an end to the behavior. This article explains the law of nuisance and what you can do to stop a neighborhood nuisance. You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help.
What does it mean to communicate with your neighbors?
As with most neighbor issues, communicating with your neighbors and anticipating problems early usually eliminates the need for legal action . A property's value is often substantially derived from its views, whether it's an ocean view, a tree-lined valley, or a city skyline.
What causes tree damage?
Tree Damage Caused by Natural Events. Storms often cause heavy tree limbs, or sometimes entire trees, to fall onto a neighbor's property and cause major damage or even injuries. If it's your tree that totals your neighbor's car, for example, you certainly aren't to blame for something beyond your control but you still may be held liable.
Is a tree exempt from a property line?
Certain tree species may be exempt. Trees a certain distance away from your property line may be exempt. Trees that are owned by the city may be exempt . Click on a link below to learn more about legal issues pertaining to neighbors and trees, and remember that the best policy is to communicate with your neighbor before taking legal action.
How much does a tree cost to replace?
Most trees have a replacement value between $500 and $2500, so it’s important to use extreme caution when trimming trees. The professional arborists at Adirondack Tree Surgeons can help you with tree and branch removal and provide a variety of tree trimming services to help you avoid a dangerous tree situation.
Can you avoid conflicts with neighbors?
Conflicts involving trees and neighbors can usually be avoided if you know your rights and have an understanding with your neighbor. Here, we’ll discuss the most common questions most homeowners have when it comes to trimming branches and trees that also belong to their neighbors.
Can you trim a tree on your property?
If limbs or branches from your neighbor’s trees extend into your property line, you are legally allowed to trim the areas hanging over your property. When trimming them, however, you must stay on your own property.
Can you cut down a tree without your neighbor's permission?
If half of the tree trunk is contained on your property and the other half is on your neighbor’s side, you can still trim the branches that hang over into your yard, however you can’t cut it down without your neighbor’s permission since you share ownership of it.
Can I Legally Trim Overhanging Branches From My Neighbors Yard?
Discussing your plans with your neighbors can help ensure there is a clear understanding and that you’re both satisfied when it comes time to trim the branches. If half of the tree trunk is contained on your property and the other half is on your neighbor’s side, you can still trim the branches that hang over into your yard, however you can’t cut it down without your neighbor’s permission since you share ownership of it.
