Table of Contents
- My neighbour cut my tree in Tennessee
- What happens if I cut my neighbour’s tree down in Tennessee?
- 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.
A neighbour cut down my tree in Tennessee. A neighbour cut down my tree in Tennessee. The neighbour, who lives next door to me, claims the tree was dead and he was afraid it could fall on his house. The tree is still alive, however, and all of its branches are green. What can I do?
You do have some recourse here. According to the International Society of Arboriculture, you can sue your neighbour for damages or request that he pay for the value of the tree. You may also be able to get him to replace it with another tree, or you could plant another one yourself with the money you receive from him. Since this is a legal issue, though, you’ll want to talk with an attorney about what your options are. There are several laws that cover this kind of situation in different states and counties, so you’ll want to know what is applicable in your case before taking action.
My neighbour cut my tree in Tennessee
In Tennessee, a landowner can sue another landowner for cutting down their tree if it is not done in self-defence. Trees are considered real property, which means they are part of the land itself and cannot be owned by one person if they grow over the property line. If a tree grows over someone else’s property, that person can trim back the branches up to the property line. However, a landowner must have permission from the neighbouring landowner to cut down all or part of a tree that is located on their property. If trees are cut without the owner’s permission, then the owner can sue for trespass or conversion.
My tree branches overhang my property in Tennessee
In Tennessee, a property owner is allowed to trim or remove any tree that overhangs the property line. However, it’s important to recognize that branches are protected by statute as “air space” and you cannot cut them off if they’re not touching your property.
If the tree is on your neighbour’s property but the roots are touching yours, you can trim those branches that overhang your property but must get permission from your neighbour before cutting any other portion of the tree.
If the tree is on your neighbour’s property and its roots are not touching yours, you cannot trim or remove it without your neighbour’s consent.
My neighbour damaged my tree on my property in Tennessee
If you’re a property owner in Tennessee, it’s worth knowing what your rights are when it comes to trees and tree damage. Unfortunately, many homeowners’ associations and local ordinances have rules that govern trees on private property, which might not be what you expect.
The first thing to understand is whether the tree was actually on your property or on your neighbour’s. If it was yours, then you have a right to take care of it in whatever way you see fit—including cutting it down completely. If the tree was on your neighbour’s property, but a branch fell onto your yard from the trunk that was situated over the border, then technically the fallen branch is yours to deal with as you wish. However, if you cut off branches that are still attached to the trunk on your neighbour’s side of the line, then you could be liable for damages.
My neighbour’s tree roots or branches damaged my property in Tennessee
If your neighbour’s tree or its roots have damaged your property, you may have several options to seek compensation. Some of these options include:
-Filing a lawsuit against the neighbour in small claims court
-Filing a claim with the neighbour’s insurance company
-Filing a claim with the city or county.
Can my neighbour make me cut my tree?
Trees are a matter of property line concern, but it is not always clear where the line is drawn. It is important that you speak with your neighbour about how best to proceed (amicably) should a tree concern arise.
If you have a mature tree in your yard that extends onto your neighbour’s property, they may ask you to cut it back to the property line. This is within their rights. If, however, the tree was planted by your neighbour and has grown over the years to extend onto your property, you may be asked to remove it from their property completely. The owner of the property where the trunk sits is responsible for its removal in this case.
You can also be responsible for damage caused by an overhanging tree or bush, even if it doesn’t belong to you. If branches from a tree on your neighbour’s property break off and cause damage to their house or their garage, they may ask you to pay for the repairs. In this instance, it would be in your best interest to speak with your neighbour about removing any such dangerous branches before any damage occurs.
How can I get my neighbour to cut his dead tree in Tennessee?
In Tennessee, it is public policy that no one is entitled to direct access to light from the sun or sky. Therefore you cannot sue your neighbour for having a tree on their property that blocks sunlight from your property. The only way you can do anything about this tree is if (1) it is dead, diseased or dangerous and poses an imminent threat to you and your property; or (2) it has grown so tall that its branches encroach onto your property. If you can prove either of these two things then you may be able to have it removed by filing a lawsuit against your neighbour.
What happens if I cut my neighbour’s tree down in Tennessee?
In Tennessee, the law states that if your neighbour cuts down a healthy tree on your property, you are entitled to three times the value of the tree. However, this only applies if you can prove that the tree would have lived another 15 years. If your neighbour deliberately cut down your trees, you can also sue for punitive damages.
If a healthy tree falls and damages your neighbour’s property, you do not have to pay for the damages. However, if a diseased or rotten tree falls on your neighbour’s property and causes damage, they are required to tell you about the damage within a reasonable amount of time. You do then have a duty to repair or remove the damaged portion of the tree at their request within a reasonable amount of time. If you fail to fulfil this duty, the court may rule against you in any future action regarding that particular tree.
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 on your property by a neighbour, you may be entitled to receive compensation for damages that you have suffered as a result. The exact amount will depend on the particular circumstances of your case. The factors that are considered when deciding how much money should be awarded in a damage claim include:
-The value of the tree which was cut down
-The cost of replacing the tree (including materials and labour)
-Any other expenses that were incurred as a result of the incident
-Whether there has been any loss of income or profits due to the incident
-The degree to which enjoyment of your property has been affected by the incident