Table of Contents
- My neighbour cut my tree in New Mexico
- What happens if I cut my neighbour’s tree down in New Mexico?
- If a tree is cut down on my property by a neighbour how much money should I receive in damages?
- If your property was damaged click here to see if you might have a case.
If a tree on a neighbour’s property falls onto your property, the neighbour is usually responsible for removing the tree or paying for its removal. New Mexico law does not make the neighbour liable for damage caused by fallen trees. It is better to avoid disputes over who is responsible for removing a fallen tree by arranging to have any dead trees on your property removed before they fall. If a neighbour’s tree falls on your house and causes damage, the neighbour may be responsible for paying for repairs under his or her homeowner’s insurance policy. Similarly, if a tree on your property falls on your neighbour’s house, you may be responsible for paying for repairs under your homeowner’s insurance policy. Your town or city may require you to obtain a permit before removing or pruning certain trees. If you need to remove a large tree from your property, it is safer and more reliable to hire a professional arborist than to do it yourself.
My neighbour cut my tree in New Mexico
Your rights and your neighbour’s rights are determined by your state’s laws. In New Mexico, a property owner may trim back the branches and roots of a tree that overhangs his property line, but he must not trespass onto the tree owner’s land to do so. He may not remove the entire tree or cut it down.
If a tree trunk is on the border between two parcels of land — known as a boundary tree — either owner can remove it or trim it without permission from the other owner. If a boundary tree dies, you can remove it or trim it without permission from your neighbour. You cannot, however, damage your neighbour’s property by removing or trimming the tree.
My tree branches overhang my property in New Mexico
Generally speaking, if you own the tree and it is growing only on your property, a neighbour has no right to cut it down or trim it.
However, if branches overhang a neighbour’s property, they can be pruned back so that they do not protrude onto their property.
In essence, you own the branches and leaves that grow from your tree. However, if the branches extend beyond your property line onto the land of another person, that person has the right to cut those branches back to your property line.
This is true even though the roots of the tree are on your land.
My neighbour damaged a tree on my property in New Mexico
If a tree on your property has been damaged by a neighbour, you may be wondering how to proceed. Your first step should be to contact the neighbour and inform them of the situation. If the tree is not an immediate danger, you should give the neighbour time to repair or replace the tree, or otherwise make up for the damage.
If the neighbour does not respond or refuses to rectify the situation, then it’s time to consider legal action.
Before discussing any legal options, though, it’s worth noting that taking your neighbour to court over a damaged tree is not always worthwhile. It can be extremely difficult to put a value on a tree, especially depending on its size and location. This can turn a relatively simple case into a costly and lengthy dispute.
My neighbour’s tree roots or branches damaged my property in New Mexico
The issue is basically your neighbour’s tree roots or branches damaged your property.
If you have a fence that is on the boundary, contact your neighbour and explain the situation. They will probably agree to help you fix it.
If there is no fence, contact your neighbour and explain the situation and let them know that you are fixing it and will give them an estimate of costs once you have contacted a few contractors.
Alternatively, if you were aware of this, then leaving it and then claiming money off your neighbour is not going to work as you need to mitigate your loss by getting the problem fixed when you first become aware of it.
How can I get my neighbour to cut his dead tree in New Mexico?
A neighbour’s dead tree is a potential threat to your property. If you don’t take action, the tree could fall on you or your house, which could destroy just about anything in its path.
Even if it doesn’t fall on your property, your insurer may not pay the entire cost of the damage because of problems with the neighbour’s tree.
What happens if I cut my neighbour’s tree down in New Mexico?
First, you need to determine if the tree is on your property or on your neighbour’s property. If the tree is on your property, then it would be your responsibility to cut it down. If the tree is on your neighbour’s property, then you may need their permission to cut it down.
You should consult with a real estate attorney to determine if the tree is actually on your property or not.
I hope that this information is helpful and that you will enter a positive rating. I thank you for submitting your question to Pearl-Just Answer. We appreciate your business. If you need clarification or additional information, please send me a reply and I will be happy to explain further. Please consult a local attorney to verify the accuracy of this information according to your state’s laws. Take care,
If a tree is cut down on my property by a neighbour how much money should I receive in damages?
If a tree is cut down or damaged by a neighbour and the tree owner can show that it had special value because of its location, size, aesthetic value or other factors, the owner may be able to recover damages for the cost of replacing the tree.
The cost may include not only the price of the new tree but also the costs of planting and maintaining it until it reaches maturity. This is based on the courts’ recognition that trees are more than just property: they are living things and they often have special value to their owners.
In one case, a court awarded treble damages (triple damages) as a penalty against a homeowner who had cut down his neighbour’s tree. The court said that this was necessary because many people would not be able to pay the higher amount needed to compensate for all of the costs associated with replacing a mature, large tree. Courts tend to recognize that trees are more than just another form of property and that they should receive special protection from injury or damage caused by others.