You can sue to enforce that right, but you probably won't have to, once you tell your neighbor what the law is. In this case, the injunction would be used to stop the neighbor from chopping down a shared tree. Explain how tree removal can also affect your propertys value. A. have been in place and enforced for a long time. I'd put in the biggest tree I could afford if I wanted shade. WebTo be clear, your neighbor just cut down his trees? First, its usually best to discuss the potential issue with your neighbor. I too believe there should be some fine or payment to be made when people cut down trees on their property especially in the suburbs (except for invasives like tree of heaven). 12 feet or more. A: Hire an arborist for a tree evaluation so they can assess the health of the tree and provide recommendations on how best to protect it. your case, How to Prepare for Your Title and Boundary Dispute Consultation, Objects Falling, Dropping, and Blowing on My Land, Remedies for Wrongful Damage to a Boundary Line Tree, Property Disputes between Neighbors in Florida, Equitable Remedies in Real Estate Lawsuits, Property Dispute: Home Properties and Real Estate Dispute Lawyers, Property Line Laws: Common Disputes and Legal Solutions. Give One Final Notice. While in law school, her law journal note was selected for first-round publishing, and can be found on various legal research databases. Of course he is gonna know who did it! Meeting with a lawyer can help you understand your options and how to best protect your rights. But did I flip out on the neighbor? I'd be more likely to passive aggressively plant a whole bunch of black walnut as close to the property line as I thought I could get away with. Briefly, an injunction is a court order that either prevents a party from continuing a specific action or forces them to take a certain action. Landowners are responsible for maintaining the trees on their property. When a tree is located on the boundary line between two sets of properties, it is known as a boundary tree. In general, a tree that is considered a boundary tree is deemed to belong to both property owners whose borders the tree sits upon. Hire Someone or Carefully Cut the Branches Yourself. What a terrible person you must be, to report a neighbor for doing what he has the right to do, on his own private property that he pays taxes on! It bears repeating: try to move with the current instead of against it. WebTo be clear, your neighbor just cut down his trees? Davey disclaims all liability for actions taken or not taken based on the above information. Any thoughts? The cost of a consultation is usually about $50 to $100 but typically includes several trees. You really need to start with your Homeowners Association to see if they have a process to go through allowing you to cut trees down. As it started to get dark we heard a massive crash which turned out to be another tree they were cutting down fell in the wrong direction and took out part of their garage and deck. In most states, you as a homeowner have this right so long as the branches do in fact hang over the property line. The company had a successful year, experiencing an impressive growth in its sales. Davey Resource Group used gray and green infrastructures to solve stormwater issues at the Graduate Conference Center in Ohio. 4th, I agree with your husband, don't pick on the neighbor over what he does in his yard or else he has a say on what you do. If the wife ever gets home I am going out to do it tonight. Not assuming anything, just wondering. If they weren't his, then it was illegal and he should be reported. on commercial properties across North America. I have lots of shade-loving plants back there that are now in full sun. The neighbors at the top of one of the hills, this summer, bought a horse. WebMGL c.87, 3 Cutting of public shade trees Except as provided by section five, public shade trees shall not be cut, trimmed or removed, in whole or in part, by any person other than the tree warden or his deputy, even if he be the owner of the fee in the land on which such tree is situated, except upon a permit in writing from said tree warden First, its usually best to discuss the potential issue with your neighbor. Homeowners can be held liable if they fail to remove a dangerous tree and it causes damages. Talk to an attorney familiar with environmental law in order to understand what legal actions you may be able to take in order to protect your neighbors trees. It's annoying the neighbor cut them down. Get a The most common type of remedy that a person can collect from a neighbor who destroyed a shared tree is a monetary damages award. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law Baby steps. Although the amount of damages that a person can collect for a destroyed shared tree will vary from state to state, the general value of a destroyed shared tree ranges from anywhere between $500 to up to $2,500, plus treble damages. Listen, I believe that people have the right to do whatever they want on their property, as long as it is lawful. Dealing with paperwork doesnt have to be tedious. How to escalate Formal letter The first step of escalation will be to write a formal letter expressing your concerns. What a terrible person you must be, to report a neighbor for doing what he has the right to do, on his own private property that he pays taxes on! 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. Explore our extensive knowledge base for more information on solving common neighbor issues, such as: If you need protection from stalkers and harassers, we know what to do. Learn How To Document Neighbor Harassment Hassle-Free! To remove the tree, both property owners must consent. Way too likely to start a war. The first step should be to contact local authorities or agencies responsible for enforcing land use regulations and restrictions in your area. Stay up-to-date with how the law affects your life. Also , you say there is an empty lot, so his yard doesn't abut yours directly anyway? At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. In conclusion, there are many resources available to help protect trees from being cut down by neighbors. We pride ourselves at Davey Tree on providing prompt, professional and personalized service from certified arborists that live, work and engage in your community. WebCreate a Demand Letter and Mail It to Your Troublesome Neighbor Using DoNotPay. DRG helps utilities such as PHI and BGE enroll and stay compliant in programs like the Monarch CCAA that put environmental conservation at the forefront of ROW vegetation management. You can learn more about Jaclyn here. How to Cut Branches from Your Neighbors Tree (4 Steps) 1. Third, if your neighbor doesnt do anything about it, the tree could be considered a nuisance, and you could file a nuisance claim, FindLaw says. I see it all the time; people sell their house and when it gets sold the next homeowner comes it and cuts most of the trees down. The most common type of remedy that a person can collect from a neighbor who destroyed a shared tree is a monetary damages award. New comments cannot be posted and votes cannot be cast. The best way to remove a tree is to use a chainsaw or other similar tool. Services Law, Real Usually you would just go talk to your neighbor; however, it's a really complicated situation over there. "What a terrible person you must be, to report a neighbor for doing what he has the right to do, on his own private property that he pays taxes on! When my husband and I purchased our house six years ago one main contributor was all of the large shade trees in our yard and our next door neighbor's. A: Speak with a qualified arborist who can evaluate the condition of the tree and offer advice on how to best protect it. Aw shucks. Third(?) Basswood (American Linden) does well in your area. Although the amount of. What I would do is start documenting his shenanigans from your side of the property line (in accordance with your state laws on consent for recording), including the damage already done to his own property in case he does cause some damage, it will help your homeowners insurance sue him. If the wife ever gets home I am going out to do it tonight. Learn about whether you could trim tree branches that extend to your property, whether you may eat the fruit off branches hanging on your property, and more. You may only prune up to the property line and must stay on your property. One of the best ways to stop a neighbor from cutting down trees is to have a civil conversation with them. As previously mentioned, the laws regarding legal liability for damaged boundary trees will vary in accordance with state laws and local ordinances. DoNotPay Answers This and Other Burning Neighbor Questions, How To Get Rid Of Drug Addict Neighbors Without Drawing Unwanted Attention, Tips on What To Do When the Neighbor's Dog Poops in Your Yard, How To Keep Neighbors From Parking in Front of Your House When They Cross the Line, Neighbor's Barking DogA Letter for Your Peace of Mind. I had a large branch from a neighbors oak tree lying on my roof. Did I call them, send a letter, or perhaps an anonymous note saying treat your horse better so he isn't wailing non stop, and asking them how could you do this to all your neighbors, who are now subjected to the smell of horse manure every evening. Jaclyn started at LegalMatch in October 2019. By understanding local regulations and having an honest dialogue with your neighbor, its possible to come up with a compromise that benefits both of you and gives those much-loved trees a chance of survival! If necessary, you can sue to enforce your rights. Read More How To Stop Neighbor From Cutting Down Trees?Continue, Consume an Alchemists Supplies item or visit an alchemy table to craft potions. In order to determine whether this will be possible, an individual should consult the laws in their local jurisdiction concerning tree and neighbor disputes. They create shade in the winter, when you don't want it. But if the neighbor either refuses to trim the tree or ignores your request, you may file a formal complaint with local authorities. The best way to remove a tree is to use a chainsaw or other similar tool. They can only trim branches that stretch over the property line. Archived post. You could be opening up a can of worms by taking 2. In California, trees belong exclusively to the owner of land where the Contact your local environmental consulting team to find out how you can partner with Davey Resource Group on your next project. What I would do is start documenting his shenanigans from your side of the property line (in accordance with your state laws on consent for recording), including the damage already done to his own property in case he does cause some damage, it will help your homeowners insurance sue him. But if the neighbor either refuses to trim the tree or ignores your request, you may file a formal complaint with local authorities. This distance ensures that the tree has enough space to grow and branch out without causing trouble for your neighbor. When You Have Bad Neighbors, Revenge Is Sweet! First, plant what you want in your yard. Submit your case to start resolving your legal issue. The time is passing where anyone can do whatever they feel like on their lot, without regard for anyone else - in fact codes regarding buildings etc. Just don't put it so close that he kills it by trimming anything that comes over into his air space. This article explains a few things to keep in mind when faced with a neighbor dispute over trees. It is always best to check if there are any local laws about cutting a neighbors trees, but generally, most state and local laws permit you to prune parts of your neighbors tree that cross the property line into your side without asking your neighbor. Total weasel behavior! This article explains view ordinances, tree height restrictions, easements, deliberate actions, and what you can do. Learn How To Quiet Down Noisy Neighbors! If so, you should report your neighbor to the authorities -- you can do so anonymously. Describe your issuewhat happened, when it happened, what you tried doing about itand type in the compensation you want. If the tree trunk sitsentirely in your neighbors yard, theyre the owner. between your properties, then you may be able to sue them for damages if you can prove that you were both owners of the tree in question and that they failed to obtain your consent before cutting down the shared tree. Talk to our team of industry leaders to learn how we've provided solutions to other utilities with similar challenges and goals. If you think theres a chance your neighbors tree could fall or pose a threat to your yard, check with your city government to see what action you can take. Copyright 1999-2023 LegalMatch. Although obtaining an injunction in these types of cases is notoriously hard to do, courts have been known to issue them and thus have prevented neighbors from cutting down, destroying, or injuring a series of shared trees. Explain how tree removal can also affect your propertys value. 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