Neighbor Cuts Down A Shared Tree

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Is There any Liability for Cutting Down a Shared Tree?

Under most circumstances, if your neighbor destroys a tree located on a common boundary, they will be responsible for any damages you suffer.

What if the Roots or Branches Are Damaged?

If your neighbor cuts or removes branches or roots of a tree bordering both properties, your neighbor will not be responsible for any damage that may result to the tree. 

What Type if Damages Can I Collect from My Neighbor?

Generally, if your neighbor is found to have cut down or destroyed a tree you shared  your damages are measured by subtracting the market value of your land after the tree was destroyed from the market value of the land immediately before the tree was destroyed. 

Can I Prevent a Neighbor from Cutting Down Shared Trees?

If one of your neighbors has informed you they will be destroying trees that you share against your objections, you may go to court and file an injunction.  Although these injunctions can be hard to win, courts have prevented neighbors from cutting, destroying or injuring a row of shared trees that provided the other neighbor shelter from outside elements such as wind.   

Do I Need a Lawyer to Keep a Neighbor from Cutting Down Shared Trees?

An attorney experienced with real estate law will be able to advise you of the rights and remedies available to you if your neighbor has damaged a shared tree.  If you have been accused of damaging a tree, a lawyer can ensure your interests are represented.

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Last Modified: 10-19-2012 03:16 PM PDT

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