What recourse do you have if your neighbor cuts down a healthy tree on your property?

Answer 1

You could attempt to sue in small claims court as recourse. However, if the limb was hanging over their property line in any way the neighbor is legally justified in cutting the limb back until it no longer crosses their property line. On the other hand if there was no notice/request provided by the neighbor, they trespassed onto your property or some issue with the tree is caused by the neighbors removal (i.e. the tree becomes diseased or dies from the limb removal) there could be some form of legal recourse. ==Clarification== A tree problem is best addressed in a friendly manner and by the cooperation of the parties involved. However, many neighbors who own large trees are uncooperative. If limbs from your tree are hanging over your neighbor's property and causing a problem those limbs can be cut back to the property line with or without notice to you or your permission. The work should be performed by a certified arborist. If the neighbors can agree on a professional trimming and the tree owner is willing to grant permission, a more aesthetic pruning can be done if the arborist is allowed to prune the offending branches back to their collar and try to maintain the symmetry of the tree. The results may be more pleasing than branches cut off at the property line. The right to trim branches hanging over your property from a neighbor's tree has evolved from old English common law.

Answer 2

If you want to handle it yourself you should take photos of the tree stump and in the photos try to mark your property line so the photos show the tree was growing on your property. You should get a written estimate from a local nursery for replacing the tree. You should send your neighbor a letter, including a photo and the estimate, asking to be reimbursed for the tree. Your letter should should be polite and to the point since you may need to use it in small claims court if your neighbor doesn't respond. You could start by stating they may not have realized the tree was on your property. State that you expect an answer within thirty days.

You should send the letter by certified mail, keep the green card to prove it was received and keep a copy in a safe place along with the estimate and a copy of the photo you sent. If your neighbor doesn't respond then you can contact an attorney or bring a suit in your local small claims court.

Keep in mind that a neighbor can trim a healthy tree that is hanging over the property line as long as they don't damage the tree. However, they cannot cut the portions of the tree that are located on your property. Your neighbor may have cut down the tree in error because it was a nuisance.

Answer 3

You can sue them in civil court. The police could also decide if a crime has been committed.