Can a neighbor cut down a tree on your property?

In some cases, unruly neighbors take these matters into their own hands and cut their neighbor’s trees down, often causing a court battle over who was right and what the other owes. This is especially true in cases where the tree in question has caused any amount of damage to any of the property on the other side of the property line.

Who is responsible for cutting overhanging tree branches?

Overhanging Branches on Your Property. Even if the tree trunk is on your neighbor’s property, you have the responsibility for cutting any branches that extend onto your property line. You are responsible for the cost of cutting any branches you choose to trim. You can cut back anything up to your property line.

When is trimming a tree a nuisance action?

When trimming the tree, an adjoining landowner is not allowed to unduly harm his/her neighbor’s tree. As defined in the appealed case, Lane v. W.J. Curry and Sons, a nuisance action can be brought when branches or roots of boundary or border line trees intrude upon and damage the property of an adjoining property owner.

How much does it cost to replace a neighbor’s tree?

If your actions cause damage or ultimately kill a neighbor’s tree, you may be found liable for up to three times the replacement cost of the tree. Depending on the size and type of the tree, the typical replacement cost can be anywhere from $500 to $3000.

Why did Martha’s vineyard cut down ten trees?

Martha’s Vineyard property owners and their tree contractor cut down ten mature trees on a neighbor’s property to improve their own view of the ocean.

Who is responsible if a tree falls on your property?

If a tree falls in a storm, who pays?, Lawley Insurance Generally speaking, if your property is damaged, you are responsible for the damages. It doesn’t matter if the tree or limb came from your property, your neighbor’s property or even municipal property. Massachusetts laws on property disputes between neighbors, Nolo.com

When to complain to your neighbor about a tree?

Reasons for a Tree Removal. You should complain to your neighbor if their tree is potentially dangerous to your property. You should ask them to remove the tree if it: Has dead, broken, or hanging branches; Leans to one side and appears at risk of falling; Has strong roots that cause damage to your driveway; Sheds leaves that clutter in your yard

What’s the fine for cutting down a dead tree?

Either of these charges is a criminal misdemeanor, punishable by up to 9 months in jail and a $2,500 fine. The individual may also have to pay to have the dead tree’s remnants removed and a new tree planted in its place.

Where did the guy cut down the tree?

The tree cutter stopped and looked at him. He took out his cellphone and handed it over to him. Michael and his wife, Emma, lived in Nashville, Tenessee. They had just moved into their beautiful house and wanted to change a few things to make it their own.

When a neighbor damages or destroys your tree?

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 property and kills one of your trees, your neighbor can be liable.

What are the penalties for cutting down neighbors tree?

Cutting down, harming or killing a neighbor’s tree, even unintentionally, can be subject to criminal penalties of up to a $1,000 fine and up to six months in jail, as well as civil damages. Taking care of a tree includes maintaining the health of the tree, keeping it trimmed, and taking note of any dangers posed by it.

Can your neighbor force you to cut your tree?

Blocked views. Generally, you can’t force a neighbor to cut down a tree that may be blocking your view, unless there are prior agreements that apply to your property (such as an easement) or specific laws such as view ordinances. There may, however, be different laws in different cities and states.

Can You trim your neighbor’s tree overhanging 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 . This means you may not go into your neighbor’s yard for a better angle when cutting or destroy the tree.

When branches from a neighbor’s tree extend over the boundary line, the property owner has a right to trim the branches back—but only to the boundary line and no farther. Also, the trimming and pruning must not be so extensive that they kill the tree.

What to do if neighbor’s tree is encroaching on your yard?

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.

Why does my Neighbor have so many trees?

Our neighbor’s trees may often become troublesome, either because their branches block sunlight, yield unwanted pollen, acorns or leaves, or because they create a risk of injury or property damage.

Can a tree be planted on a property line?

“Trees on property lines are a common complaint between neighbors, but not so much at the courthouse,” says Cleve Clinton, partner at Gray Reed, Attorneys and Counselors, based in Dallas and Houston. “It is predictably difficult to justify paying attorney’s fees over a tree — on either side.

Can a neighbor trim a tree on their property?

By law, you [&have&] [&the&] right to trim branches and [&limbs&] that extend past [&the&] [&property&] [&line&]. However, the law only allows [&tree&] [&trimming&] and [&tree&] [&cutting&] up to the [&property&] [&line&]. You may not go onto the neighbor’s property or destroy the [&tree&].

When does a tree belong to the neighbor?

The neighbor owns the tree. So long as the tree trunk is wholly in the neighbor’s yard, it belongs to the neighbor. When the tree trunk is divided by the property lines of two or more people, it is referred to as a “boundary tree.”

Can a tree grow on a property line?

However, trees that grow on or near property lines can cause ongoing disagreement between neighbors, and in some cases, can lead to unneighborly feuds and lawsuits. Related: 6 Fast-Growing Shade Trees What The Royal Family Actually Thinks Of ‘The Crown’.

That’s because your property (the portion of the tree that’s on your side of the property line) is not damaged). 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.

Why is my Neighbor’s tree going to fall?

We have been informed by an arborist that it is a clear and present danger — sufficiently heavy to cause major property damage, injury to occupants — and must be removed. “We have repeatedly brought this to our neighbor’s attention, sending a polite letter, asking that they please remove the tree. Their response has been completely inadequate.

When does a tree fall into the street is it a nuisance?

“If you don’t maintain your trees in a safe condition and they create a risk of harm to neighbors, this becomes a private nuisance, which in law we define as an interference with the reasonable use and enjoyment of another person’s land. “But, let’s say those same trees might fall into the street, striking cars or even pedestrians.

Is there a rule for trees on the property line?

Is there a rule for trees on the property line? Generally, if a tree trunk sits on both you and your neighbor’s property, is owned by both of you, and you are both responsible for the tree. To remove the tree, both property owners must consent. Again, these laws can differ in each state, so be sure to look up the exact law in your area.

Who is the Attorney for the neighbor that killed my tree?

Check out the details in Neighbor Law: Fences, Tress, Boundaries & Noise, by attorney Cora Jordan and attorney Emilt Doskow (Nolo). My neighbor killed my tree.

Where can trees be removed without council approval?

Within 10m of a home , inground swimming pool or dwelling 4. Within 20m of a home or dwelling in bush fire zones 5. One of many trees on the exemption lists can be removed without approval Regulations are council specific, so you will need to consult your local council TPO or the summary PDF below.

Can you remove a tree on private property in Chicago?

Residents of Chicago cannot remove trees on their private property with first getting a tree work permit from the Bureau of Forestry. The bureau issues them in conjunction with a liability insurance certificate, in case the removal causes any damage to the surrounding area outside private property lines.

Can a neighbor destroy a tree on your property?

Generally, if any part of the trunk is on both yours and your neighbor’s property, the tree owner is both of you. It is considered the common property of both homeowners, and neither owner can damage or destroy the tree without the neighbor’s consent to do so.

Can a neighbor remove fruit from a tree?

All the owners are responsible for caring for the tree, and one co-owner may not remove a healthy tree without the other owners’ permission. As for who owns any fruit from the tree, however, that’s another matter. Check out the details in Neighbor Law: Fences, Tress, Boundaries & Noise, by attorney Cora Jordan and attorney Emilt Doskow (Nolo).

Can a tree be removed from a property line?

The short answer is no. If the tree trunk is on the property line, you are both equally the owner of the tree. It may not be removed without the agreement of both. Can My Neighbor Come on My Yard? Courts give great deference to private property lines in the U.S.

What should I do if my Neighbor cut down my tree?

If there is a tree that proves to cause a nuisance to your property, meaning that the tree itself poses a direct obstacle to the free use of any aspect of your property, the first thing that you should do is to contact your neighbor to discuss your position and your reason for issue with the tree itself.

Can a day laborer trim a neighbor’s tree?

In the 2012 case of Rony v Costa, a property owner hired an unlicensed day laborer to trim limbs that crossed his property line from a neighboring tree. Instead of researching the issue, the day laborer was turned loose on the trees like Jason in Friday the 13th. Except the trees were the unlucky cabin campers.

What to do if someone cut down your tree?

In sum, if you are a property owner and you believe someone has cut down your trees, you should contact an attorney. You may be entitled to receive compensation, and you may even be able to get that payment from the perpetrator’s homeowner’s insurance.

What is the law on cutting down trees?

The statute, found at RSA 227-J:8, reads as follows: No person shall negligently cut, fell, destroy, injure, or carry away any tree, timber, log, wood, pole, underwood, or bark which is on the land of another person, or aid in such actions without the permission of that person or the person’s agent.

Is it legal to cut down neighbors tree?

If the trunk of a tree is located in your neighbor’s yard, but branches extend onto your property, the neighbor is the legal owner of the tree. 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.

Can a neighbor put a dock on your property?

Perhaps the first owner of your house granted your neighbor access to a dock on your property in perpetuity, or the city has retained an easement to access power lines that run across the back border of your property. If the easement is recorded, you don’t have much recourse.

How to deal with neighbors that are trespassing on your property?

To combat it, first familiarize yourself with the local regulations. Make sure you aren’t also violating code with your leaf-blower or lawnmower. Then talk to other neighbors. If they are similarly put out, one of you should approach the transgressor as a representative of the group. This might convince them to address the problem.

What to do if your neighbor is encroaching on your property?

You’ve finally bought a little patch of Mother Earth that you can call your own. Then you discover your neighbor is encroaching. Perhaps his fence is two feet over the property line, or the dying limb of his sugar maple is overhanging your garage, or his barking dog is keeping you up all night.

Can a neighbor build over your property line?

A common occurrence in our area, given the frequent lack of survey monuments, is a neighbor’s inadvertent building over your property line, whether it be a driveway, a fence, a deck or even a portion of a house. Must the encroachment over the boundary line be removed or may it legally remain in place? That, my friends, is the question.

Can a neighbor rip up your raised beds?

My neighbor got a survey done and it has changed the property lines a few feet. He wants to rip up my raised beds and fence – Legal Answers – Avvo My neighbor got a survey done and it has changed the property lines a few feet.

When did the next door neighbor buy your house?

Atkinson says her mother viewed her neighbors as friends. According to Atkinson, her mom always said the next door neighbors- who court records show purchased their home in 2006 – had agreed to maintain the property on their side of the fence, and acknowledged it didn’t belong to them.

What do you need to know about tree cutting services?

Tree Cutting Services – Frequently asked questions for tree owners to pose to tree cutting services and how this service relates to tree removal. Tree Trimming Services – Common questions to pose to tree trimming services, what to do when branches are near power lines and nailing down the best season for tree trimming and pruning.

Can a company cut down a tree for You?

Some companies will cut down your tree, chop its trunk into manageable sections and even haul them away for you. Others will leave the trunk where it lies, and you will have to handle it yourself. In some instances, a company may offer to do extra work but charge more for it.

Is it safe to hire a tree cutter?

While some are willing to take on the responsibility themselves, it’s sometimes easier and safer to hire professional services to do the job, especially when it might mean felling a tree and removing stumps. However, it’s hard to decide which service to hire as there are always at least 10 in the city to choose from.

Can a neighbor cut down my tree without my permission?

Generally speaking, If the trunk of the tree in question is entirely on your neighbor’s property, they own the tree and can prune branches on their side of the property line as long as they do not cross onto your property. You have the right to prune branches that grow across the property line onto your property without your neighbor’s permission.

Check out the details in Neighbor Law: Fences, Tress, Boundaries & Noise, by attorney Cora Jordan and attorney Emilt Doskow (Nolo). My neighbor killed my tree.

Who is the best person to remove trees?

David Beaulieu is a garden writer with nearly 20 years experience writing about landscaping and over 10 years experience working in nurseries. Removing or performing major trimming on a large landscape tree is no easy feat, which is why most homeowners hire a professional tree service for such work.

What should I do if my Neighbor has roots on my property?

If the roots are pushing onto your property, they are considered an encroachment in the same manner as fences and other physical belongings. If the roots cross your property line, the tree owner has to remove it. Perhaps it is not your neighbor’s property that is crossing the line, it is their animals.

Why does my Neighbor have a tree in my yard?

Some neighbor disputes have a naturally occurring root – trees. The limbs hang over the fence you built or break and fall into your yard. Maybe the roots are pushing through onto your property. If the tree is on a boundary, most states will not allow either party to destroy it.

What should I do if my neighbor leaves leaves on my property?

Leaves, pods, acorns and the like falling onto your property are considered a natural occurrence and are the property owner’s responsibility to clear away. However, if branches fall and cause damage on your property for any reason other than a storm or act of God, your neighbor is responsible for the cleanup and damage.

Who is the owner of a tree near a property line?

Microsoft and partners may be compensated if you purchase something through recommended links in this article. A tree near a property line belongs to the neighbor who owns the ground where it’s growing.

Can You trim overhanging branches from your neighbors trees?

Can a tree be planted beyond the property line?

A tree may be planted by neighbors well within the bounds of their property, but over time, some of the branches can extend beyond the property line and into your yard. While this may not be a problem most of the time, the branches on your side of the property line may need trimming…

Is it legal to trim a tree over a property line?

Your legal right to trim branches hanging over your property line will depend on the health of the tree. If the tree is healthy, you may, at your own expense, trim back branches up to the property line. Your neighbor won’t necessarily be liable for healthy branches falling on your land.

Can you legally cut branches hanging over your property line?

Know Your Branch-Trimming Rights If limbs or branches belonging to a neighbor’s tree extend over your property line, you are legally allowed to trim the areas hanging over your property. To trim them, however, you must stay on your own property – no going over to the neighbor’s yard for a better angle when cutting.

What can I do about my Neighbor’s plants coming onto my property?

The right-of-way contained a tree with limbs growing over Melnick’s property and tree roots and other plant life which encroached on his property, causing damage to his warehouse. Melnick had tried self–help, but that had been unsuccessful. Melnick brought an action for trespass, negligence, and nuisance seeking damages from the railroad.

Can a neighbor Sue Me for invasive plants?

Self-help means it will be up to you to remove the roots, limbs, vines, and other plant debris and not the neighbor who planted the invasive plant species. A neighbor cannot seek damages in court for the damages caused by the invasive plant species.

Can a court order a tree to be removed?

The Court must consider whether the order to remove trees is fair, reasonable and necessary to prevent an undue obstruction of the view that would otherwise be enjoyed from your land, and whether a refusal to make the order would cause hardship to you, that is greater than the hardship that would be caused to your neighbours.

Can a neighbor Sue you for cutting down a tree?

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, or treat parts of the tree with a chemical that ultimately causes damage to the tree or your neighbor’s trees, you could be liable for damages.

What to do if your neighbor has a tree on your property?

Sometimes a tree on one person’s property has roots that extend so far that they damage a fence on the adjacent property. If that has happened, your neighbor could be required to remove the tree.

Can a neighbor Sue you for spreading roots on your property?

Whether you are liable for damages to your neighbor’s property caused by the spreading roots of a tree on your property depends on what state you live in. In most situations, a neighbor who is bothered or worried by encroaching branches or roots of a healthy tree won’t be able to successfully sue the tree owner.

What causes a dispute between neighbor and tree?

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.

Why are my neighbors planting trees on my property?

Q: We recently got our land surveyed and discovered that our neighbors had planted a row of trees on our property. They placed their trees assuming they were on their property and did not get their land surveyed. Now I want to put up a fence and the trees are interfering with the placement.

Can a tree be planted on your property line?

Now, if the roots push through to your property they are consider an encroachment the same as a fence would be and if the roots pass to your property line then the tree will need to be removed at the expense of the tree owner. Should you place your fence and the tree damages it then the neighbor is responsible to pay for repairs.

How tall does a neighbour’s tree have to be to be unreasonably affecting you?

Your neighbour’s tree may be classed as unreasonably getting in the way of your use and enjoyment of your land if it: shades sunlight from the windows or roof of your property if the tree branches are more than 2.5 metres above the ground

What to do if your neighbor plants trees on your property?

If the trees at some point become a hazard to your property, there will likely be some course of action (for example, in Florida, if your neighbor’s tree hangs over your property, you have the right to cut it back in order to prevent damage in case of a hurricane.).

How tall is the tree on my Neighbor’s property?

Your neat straight vertical line of cuts are now an angled line with the top located 3 feet onto your neighbor’s property. His arborist claims the cuts will be fatal and that the tree was worth $75,000.

When does a tree lie on a boundary line?

When a tree’s trunk lies directly on the boundary line between properties, the tree is known as a boundary tree and is assumed as owned by both neighbors. In the case of boundary trees, both neighbors benefit by agreeing on how to care for the tree and share the trimming and care expenses.

Can a tree be destroyed on a property line?

It is considered the common property of both homeowners, and neither owner can damage or destroy the tree without the neighbor’s consent to do so. You are allowed to maintain your property not only to the lot line but also under the ground and the sky above it.

Can a neighbor kill a tree on your property line?

Only if those branches extend into your property line. Leaves are a natural product, and no one can control where they go. Situation 1. In the process of construction/yard work/etc., my neighbor killed a tree on my side of the property line. Am I entitled to compensation?

What does it mean if neighbor has tree in your yard?

If the entire trunk is in the other yard, the neighbor owns the tree. However, if the trunk is on the property line, it’s known as a boundary tree, and all property owners involved share responsibility for what happens to it. Situation 2. Branches of the neighbor’s tree hang in my yard.

Is it legal to trim a tree over the property line?

If any limbs extend over the property line, they fall into that neighbor’s jurisdiction. The law allows tree trimming up to the property line, nothing further. Situation 3.

What to do if your neighbour’s tree is overhanging?

Overhanging Branches If the branches of a neighbour’s tree start to grow over to your side, you can cut them back to the boundary point between you and your neighbour’s property, as long as the tree is not under a tree preservation order. If it is, you’ll need to seek further clarification.

What happens if you cut off the branches of a tree?

If you lop off any branches on your neighbour’s (the tree owner) side of the fence, you are not entitled to Gain Access To Their Property to cut off some more. This is trespassing and you could be prosecuted. You are entitled to dig up and remove any roots that have encroached upon your land.

How does a neighbor benefit from a boundary tree?

In the case of boundary trees, both neighbors benefit by agreeing on how to care for the tree and share the trimming and care expenses. Both neighbors must consent to the tree’s removal, and both hold legal responsibility for its care.

Is it legal to trim a neighbor’s tree?

If limbs or branches belonging to a neighbor’s tree extend over your property line, you are legally allowed to trim the areas hanging over your property. To trim them, however, you must stay on your own property – no going over to the neighbor’s yard for a better angle when cutting.

Can a homeowner be held liable for a neighbor’s tree?

Homeowners can be held liable if they fail to remove a dangerous tree and it causes damages. If you think there’s a chance your neighbor’s tree could fall or pose a threat to your yard, check with your city government to see what action you can take. Is there a rule for trees on the property line?

Why did my Neighbor cut down his tree?

Patel claimed the roots had started to damage concrete around his property. The contractor dug a 3′ trench along the property line, effectively severing a significant portion of roots needed to survive. This damaged forced Booska to remove the tree, at his own expense, and to seek legal judgement.

What to do if your neighbors tree is encroaching on your property?

If your neighbor’s tree is encroaching on your property, attempt to resolve the problem with a friendly conversation. If that fails, you may have to contact the local government or take your neighbor to court to address the issue.

Who is responsible for the safety of trees?

One of them is this: the property owner is responsible for the trees and any other plant life that grow on their land. So it is the duty of the property owner to ensure the safety of the tree. If faced with this problem, your first move is to talk to your neighbor.

How to handle tree conflicts with your neighbors?

When it comes to neighborhood conflicts, it is best to talk things over to try and settle the matter. Involving lawyers and suing should only be a last resort. Neighborhoods benefit greatly from beautiful and well-maintained trees. But it is the responsibility of the tree owner to keep his tree from becoming a liability for the neighborhood.

Can a neighbor Sue a neighbor for a tree?

A neighbor may sue only if the tree is “noxious,” in other words if it both causes actual damage and is inherently dangerous or poisonous. In many other states the law is unclear. In these states, a case might be successful if the tree: does substantial damage to the neighbor’s property, or

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

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. These penalties protect tree owners by providing harsh deterrents to would-be loggers.

How tall are the trees on my property?

These trees are 26 years old and 40 to 50 feet tall. What happened is that the contractor cut every branch from 8 of my trees from the ground all the way up to about 30 feet high from the back and the sides of each tree all the way to the trunk of each tree totally removing each branch. These trees were not on their property.

Who is responsible if a contractor, hired by my Neighbor?

* This will flag comments for moderators to take action. Your neighbor is responsible since he hired the contractor. Your neighbor has recourse to go after the contractor. If your neighbor refuses to pay you can take him to small claims. * This will flag comments for moderators to take action.

Can a tree owner recover for actual losses caused by actual losses?

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 a tree owner recover for actual losses caused by tree damage? Yes.

Who is liable if a tree falls in your yard?

Homeowners must inspect trees and ensure their trees are safe. Homeowners can be held liable if they fail to remove a dangerous tree and it causes damages. If you think there’s a chance your neighbor’s tree could fall or pose a threat to your yard, check with your city government to see what action you can take.

What happens if my Neighbor keeps trespassing on my property?

If granted, should your neighbor continue to trespass on your land, he would be in contempt of court and a judge could either fine him or put him in jail (or both) until he complies with the permanent injunction order. You can also sue him for damages for trespassing on your property.

What to do if your neighbor breaks your fence?

Otherwise, you will have to go to court and have a judge order the guy next door – to keep his things next door. Some neighbor disputes have a naturally occurring root – trees. The limbs hang over the fence you built or break and fall into your yard. Maybe the roots are pushing through onto your property.

When do you have a dispute with your neighbor?

When a neighbor unlawfully encroaches on your property, you have options depending on the type of infringement. If your neighbor puts their property, a fence, or even an addition to their home on or crossing you property line, then you have a boundary dispute.

Why did my Neighbor cut down my bushes?

My neighbor intentionally cut trees and bushes on my property to have better view from his hill side home. – Legal Answers – Avvo My neighbor intentionally cut trees and bushes on my property to have better view from his hill side home. My neighbor who owns a house behind my house cut tree and bushes on my property .

Who is liable if a tree falls on your property?

If your tree or a portion of your tree falls on your neighbor’s property and the tree has obvious signs of disease or rot, or if your neighbor had filed a complaint with the town or with you about the hazard, you may be liable for any damage caused.

Are there trees and bushes at property lines?

Neighbors Trees and Bushes at Property Lines. One of the most common points of dispute between neighbors comes from the growth of trees, shrubbery, and bushes.

What happens if you trim a tree on a property line?

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 if the Tree Falls?

Is it legal to cut down your neighbor’s trees?

It is always best to check if there are any local laws about cutting a neighbor’s trees, but generally, most state and local laws permit you to prune parts of your neighbor’s tree that cross the property line into your side without asking your neighbor. You may only prune up to the property line and must stay on your property.

Can you cut back a tree up to your property line?

You can cut back anything up to your property line. You must take care, however, that any maintenance you perform on the tree branches does not damage the rest of the tree. If your actions cause damage or ultimately kill a neighbor’s tree, you may be found liable for up to three times the replacement cost of the tree.

What does it mean to cut down a tree in New Hampshire?

The cutting-down or destruction of trees on someone else’s property is termed “timber trespass.” Timber trespass can be either intentional or accidental. RSA 227-J:8 — The Timber Trespass Statute New Hampshire has a long history of protecting and valuing trees.

What does it mean when someone cut down your tree?

Depending on the type of tree and its use, trees are often more valuable than one might expect. Additionally, there may be insurance coverage available from which to recover damages. The cutting-down or destruction of trees on someone else’s property is termed “timber trespass.” Timber trespass can be either intentional or accidental.

Property owners not only own the land under their feet, but also the airspace above their land. When a neighbor’s tree hangs over your property you can cut it back. But be careful! Don’t trespass onto the neighboring property to trim, place the tree debris on the neighbor’s property, or trim parts of the tree on the other property.

What happens if you cut down a tree in Ohio?

The law provides that doing so is a fourth-degree misdemeanor, carrying a penalty of up to $250 and/or 30 days in jail. The law further provides that in addition to this penalty, anyone who violates the law can be subject to damages up to three times the worth of the tree that was harmed. Can I remove a tree that is on the property line?

How big does a farm have to be to get a tax break in Ohio?

In Ohio a “farm” must be either at least 10 acres or have produced an average of $2,500 in sales over the prior three years. New York requires $10,000 in annual agricultural sales, or $50,000 if the farm is less than 7 acres. California is tough; farmers can get 20% to 75% off their property tax bill,…

What are the laws on disputes between neighbors in Ohio?

A breakdown of Ohio laws on neighbor disputes involving trees, fences, and the right to farm. Please answer a few questions to help us match you with attorneys in your area.

What are the right to farm laws in Ohio?

Ohio Right to Farm Laws. All states have enacted laws that exempt farmers and other agricultural operators from complying with run-of-the-mill nuisance laws — laws that restrict certain kinds of noisy activity like operation of heavy machinery, or prohibit the use of pesticides, for example.

A breakdown of Ohio laws on neighbor disputes involving trees, fences, and the right to farm. Please answer a few questions to help us match you with attorneys in your area.

In fact, neither neighbor has the right to cut, damage, or significantly modify a boundary tree without the permission of the other. It’s an encroaching tree if the trunk base stayed on the neighbor’s property. The tree—and its responsibility—is considered theirs. If so, talk to your neighbor.

Why do some of my neighbours damage my house?

More than a quarter of us have had our homes damaged by neighbours with damage to shared walls or fencing, accidental damage caused by the neighbours themselves or their children or guests, or damage from their un-kempt gardens, their problems with pests or vermin or from water damage caused by them.

Can a neighbour Sue you for tree damage?

If you have all perils coverage, you may also claim for any damages caused to your car by the branches. The main question asked by readers is whether you can sue your neighbour if their tree fell and damaged your home. The answer is not that easy. Here’s why: Ted and Janet were neighbours.

Why are there disputes between neighbours and trees?

Disputes over trees can arise for many reasons, including overreaching branches and roots, damage caused by a falling tree or overhanging branch, and trespass onto a neighbour’s property to deal with a tree. Learn how to deal with problems involving trees and neighbours.

What happens if you cut down your neighbor’s tree?

If you or your neighbor decide to trim branches, cut tree roots, or treat parts of the tree with a chemical that ultimately causes damage to the tree or your neighbor’s trees, you could be liable for damages. Overhanging branches, or underground roots, can reach over into a neighbor’s property — or from theirs to yours.

What can I do if my Neighbor is causing damage to my house?

Most damage to your home is covered by your homeowner’s policy, but if your neighbor is actually causing the damage by something they have built or the way they are using your property, your local public works or government zoning agency can help. As with other disputes, your community or HOA can also assist with water-damage-related issues.

Can a neighbor be held liable for damage to a tree?

If your tree has not been properly cared for or trimmed and it falls, then you could be held liable for damages. The location and type of fence can cause a problem for you. If you allow a neighbor to add a fence that extends onto your property, you may actually be giving them a license to use your land.

Who is responsible when tree falls on neighbor’s garage?

Who is responsible, when your tree, or a branch from your tree, falls on your neighbor’s garage or fence or shed and causes serious damage? Trees that might have started out small and manageable have a natural tendency to grow and mature so that, in time, branches overhang a property line.

Is it illegal to have a tree on your property?

There are countless court cases between neighbors who live within a one-acre distance of each other and who have trees on their properties. Some people argue that the tree on their neighbor’s property is a nuisance to their property as a whole, or that it obstructs of one of the buildings on their property.

Where should I complaint about illegal cutting of trees?

Pretty well all cities have what they call a “forestry” department. They are the people that take care of the trees within a city. They decide which trees should be removed and which ones to plant. That is if the tree you are referring to is on city land. If the tree is on private land that is a whole other issue.

What kind of tree was on my Neighbor’s fence?

My neighbor cut down a 100 year old oak that was located on my side of the dividing fence. The wire had grown into the tree a little but the tree … read more We bought our house 24 year ago. The old owner had paid and We bought our house 24 year ago.

How big of a tree do you need to cut down in Atlanta GA?

Georgia. In Atlanta, tree owners considering removal must check city regulations before proceeding with the process. Any hardwood tree species with a diameter of six inches or larger must have a permit to be cut down, and pine trees that have a diameter of 12 inches or more must have a permit before tree service professionals uproot them

However, trees that grow on or near property lines can cause ongoing disagreement between neighbors, and in some cases, can lead to unneighborly feuds and lawsuits. A tree near a property line belongs to the neighbor who owns the ground where it’s growing.

What happens if a tree falls on your property?

If the neighbor took reasonable care of the tree and a storm caused a healthy branch to fall, it’ll be considered an Act of God, and the neighbor won’t be held responsible. 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.

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. Sometimes a tree on one person’s property has roots that extend so far that they damage a fence on the adjacent property. If that has happened, your neighbor could be required to remove the tree.

Can a neighbor trip a tree on your property line?

Courts give great deference to private property lines in the U.S. Your neighbor may not come into your yard to trip a tree or bushes without your permission. The same is true in reverse. But this is where legalities can end an being a good neighbor can begin.

What to do if a tree falls on your property?

The property owner who suffers damage should file a claim with their homeowners insurance company. If the trunk of a tree is in your yard, but hurricane pushes a big branch through the neighbor’s window through no fault of yours, it is not your responsibility. The owner of the adjoining property will have to file for an insurance claim.

Can a neighbor trim a tree up to your property line?

A neighbor is entitled to trim encroaching tree branches up to the property line. Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means.

How is a tree trespass in Kelowna?

The court found that the cuts were clearly made past the property line of the neighbor, thus the cutting constituted a trespass into the airspace of the neighbor’s property. Now for the second scenario, where the tree’s trunk is ½ on Jack’s property and ½ on Jill’s property.

What does it mean to trespass on a tree?

“‘ [B]order trees’ … do not trespass. It is those who cut them who may in so doing trespass on the land, or ‘air space’, of their neighbours.

What is the law about trespassing on trees?

242, § 7 Willful trespass to trees, etc.; damages Violators are “liable to the owner in tort for three times the amount of the damages assessed therefor.” Other authorities (common law)

What to do if your neighbor leaves fruit on your tree?

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. Fruit that’s still on your neighbor’s tree belongs to your neighbor, even if the branch it’s attached to is hanging over your property.

Can a neighbor cut down a tree in your yard?

Branches Hanging Over Your Yard If the trunk of a tree is located in your neighbor’s yard, but branches extend onto your property, the neighbor is the legal owner of the tree. 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.

Do you own the trunk of your neighbor’s tree?

Your neighbor. It is accepted law in all states that a tree whose trunk stands wholly on the land of one person belongs to that person. If the trunk stands partly on the land of two or more people, it is called a boundary tree, and in most cases it belongs to all the property owners.

How tall is an eastern white pine tree?

In another case, a helicopter was used to lift black walnut trees out of a farmer’s private woodlot. A tall, large diameter branch free white pine can be worth more than some tropical hardwoods. In Quebec, Canada, an Eastern White Pine was sold for $47,000. It was 220 feet tall, 9 feet across and branch free 80% of its height.

Where do I find the stakes for my Neighbor’s tree?

They’re typically located at corners and places where property lines meet. To get started, request a plot plan from city hall. You may be able to find the stakes by dragging a rake over the suspected location. But more likely, the stakes will be several inches underground.