Neighbor cut down trees on property line

john4740March 12, 2011

I have lived in my home for 36 years. There were trees between our property and the lot next door. That house was purchased a few years ago, maybe 3 years. The trees were fir trees that grew straight up with little overhang, but one was different, grew very tall and wide and the roots were damaging the driveways. The neighbor and I talked and I agreed to split the cost of cutting down that one tree. He cut down ALL the trees and those other trees provided significant shade to my house, which is now much hotter in the summer. He claims the trees were on his property, not on the property line, but they are gone so there is no way to tell. Do I have any recourse? If they are "his" can I sue him for the damage to my drivewy?

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brickeyee

"Do I have any recourse? If they are "his" can I sue him for the damage to my drivewy?"

Generally no, you should have trimmed back the portions on your property causing damage.

You may need to talk with a local attorney though, there are some places with different rules.

    Bookmark   March 13, 2011 at 10:00AM
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kudzu9

Unless he removed the stumps, you can determine where the trees were in relation to the property line if you have an accurate survey. However, it may just start a fight with no positive outcome at this point. If you determine they were your trees, you are willing to sue him to replace them, and you are willing to put up with an aggravated neighbor for as long as he lives next to you, then you've got a choice to make.

    Bookmark   March 13, 2011 at 11:43PM
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john4740

The stumps were removed, and at this point I think it's not worth the additional aggravation. We are already not talking, but I don't want to start a war.

    Bookmark   March 26, 2011 at 4:39PM
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totsuka

My neighbor took out a my great hedge when he built his new home. I just chalked it up to a person that is rude and let it go. I would get a survey to find out exactly where the property line is for future reference.

    Bookmark   March 31, 2011 at 7:56AM
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drewguy

Your money is probably better spent on new trees than an attorney. In theory you might be able to recover some damages if you can prove the trees were on the property line or your property. But unless they're super-valuable trees you're not going to get a ton of money, and the fees for attorneys are going to run you a lot.

Rather than pay an attorney $10000 why not spend $5000 on a few nice, somewhat mature trees and put them inside your property line.

    Bookmark   April 20, 2011 at 9:03PM
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