Neighbor cut down trees on property line

15 years ago

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?

Sort by:Oldest

Comments (5)

brickeyee
15 years ago
"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.
kudzu9
15 years ago
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.
Related Professionals
Carbondale General Contractors · Emporia General Contractors · Monroe General Contractors · Corpus Christi General Contractors · New London General Contractors · Durango General Contractors · Corpus Christi Basement Remodeling · Lufkin Basement Remodeling · Plainfield Basement Remodeling · Worcester Basement Remodeling · Longview Basement Remodeling · Elkton Bathroom Remodelers · Sedalia Bathroom Remodelers · Southaven Bathroom Remodelers · Riverside Bathroom Remodelers
john4740
Original Author
15 years ago
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.
totsuka
15 years ago
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.
drewguy
15 years ago
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.