My Neighbor Cut Down My Tree!!!!!

jmycpa · September 15, 2005

I own a vacant lot in a residental area with four large old oak trees. Last week the neighbor had a tree trimming service cut down one of the trees on my property. I believe that the neighbor thought the tree was on his property. I have had the lot surveyed and found that the tree was on my property by about 15-20yrds. I problem I have now it that I have a large tree stump sitting on the property, he only had the tree cut down and did not have to stump removed.

I was wondering what options I have, such as the neighbor paying the expense of removing the stump and what to do now the tree is gone. Could I sue for any additional amount for the tree?

cpa49707 · September 16, 2005

Contact a Attorney. I'm not sure what the laws are like where you live, but i would definately contact an attorney.

Have you had any conversations with your neighbor?

jmycpa · September 16, 2005

Contact a Attorney. I'm not sure what the laws are like where you live, but i would definately contact an attorney.

Have you had any conversations with your neighbor?
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Have not talked with the neighbor, he is pretty much an a**. I plan on contacting an attorney and at first sending a letter requesting payment for the stump removal and 5400 additional to replace the tree. I got a quote from the company on replacing the tree with one that was about 20 ft tall. The transplant company uses some special shovel truck.

Not sure what wil happen, I am sure a law suit, which I really don't want to deal with.

BJL · September 18, 2005

I own a vacant lot in a residental area with four large old oak trees. Last week the neighbor had a tree trimming service cut down one of the trees on my property. I believe that the neighbor thought the tree was on his property. I have had the lot surveyed and found that the tree was on my property by about 15-20yrds. I problem I have now it that I have a large tree stump sitting on the property, he only had the tree cut down and did not have to stump removed.

I was wondering what options I have, such as the neighbor paying the expense of removing the stump and what to do now the tree is gone. Could I sue for any additional amount for the tree?
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Sorry for the late reply. I was doing lawyer stuff.

Wow, your neighbor committed a major blunder. By coming onto your property and cutting down a beautiful oak without your consent, he has committed a trespass for which he is liable. He is liable for (1) stump removal, and (2) the value of the removed tree or a suitable replacement tree. Of course, this assumes that the Giving Tree (anyone remember that children's book?) was not posing a risk or nuissance to Neighbor's property.

You can write Neighbor a well-crafted letter demanding the above-listed damages with a firm deadline for compliance. Mention that you will retain legal counsel if he does not comply, and that you shall hold him liable for (1), (2), and all legal costs and expenses incurred by you to ensure compliance.

Before you go see a lawyer, get all your documents (e.g., legal description of your property and boundaries, pics of the stump, pics of the other oaks, etc.).

Finally, your neighbor is an idiot.

Good luck!

The Counselor