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Take photographs and make certain you mark your boundary clearly in those photos. Get an estimate for a replacement (tree + delivery + planting) and ask the neighbor to reimburse you. If they refuse you could file suit in small claims court.

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14y ago

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

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.


What if your neighbor cuts down your tree down?

No. You also cannot cut your neighbor's grass or bury his dead grandmother. But seriously, no, of course you can't. To do so would require a trespass onto his property, which would itself be illegal.


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