Table of Contents
- My neighbour cut my tree in Vermont
- What happens if I cut my neighbour’s tree down in Vermont?
- If a tree is cut down on my property by a neighbour how much money should I receive in damages?
If your neighbour cuts down a tree that is on your property, you have the right to sue him for trespass and for cutting down the tree without your permission. You may also want to contact your local police department and report to them what your neighbour has done.
In Vermont, there are damages available for cutting down trees. The damages are calculated by ascertaining the value of each tree destroyed. The value of a tree is determined using a formula based upon the size of the tree, its species and its age. The value of a large pine or oak will be worth more than a small one due to their greater density and durability as well as their beauty and utility purposes.
My neighbour cut my tree in Vermont
The first thing to do is to consider whether the neighbour had permission to cut down the tree. If not, then you may have a claim against your neighbour for trespass, or potentially for negligence if the tree caused damage to their property. This would be based on their actions in cutting down the tree and so there would be no need for a report from a surveyor.
If there was consent to cut down the tree, then it will be necessary to look at what was agreed. For example, if the neighbour said that they would have some of the branches cut back and you agreed that this was fine then you are unlikely to have a claim as they have not breached the agreement.
My tree branches overhang my property in Vermont
According to the Vermont chapter of the International Society of Arboriculture, a person’s property line extends vertically, which means that tree branches are considered part of your property even if their trunks happen to be on the other side of the fence. However, there are some exceptions to this rule. If the tree is causing damage or posing a threat by pressing against a public utility pole or street light, for example, then it likely falls under the jurisdiction of the municipality. Either way, you’re better off not taking action until you know for sure who owns the tree.
My neighbour damaged my tree on my property in Vermont
If you are a person who owns property in Vermont, it is important to know about tree laws and regulations. These laws pertain to both the trees on your property, as well as those located on a neighbour’s land. The following guides were designed to help people navigate some of the rules and regulations regarding trees in Vermont.
My neighbour’s tree roots or branches damaged my property in Vermont
If the tree is on your neighbour’s property and its roots or branches damage your property, you can sue your neighbour under a legal doctrine called a private nuisance. A private nuisance is a broad term that covers any activity that interferes with your enjoyment of your property. If a court finds that the activity constitutes a private nuisance, you can recover monetary damages from the person responsible.
In Vermont, you must file a lawsuit in state court within six years after the private nuisance occurred.
Can my neighbour make me cut my tree?
The problem is your neighbour has no right to demand that you do anything to your tree. It’s your tree.
However, if the tree is causing a nuisance, he can apply to the local council for an abatement order under Section 8 of the Environmental Protection Act 1990. This can be done if the overhanging branches or roots are damaging his property, such as cracking walls or blocking gutters.
The council may then serve a notice on you requiring you to prune back the branches or roots so they don’t damage his property. If you ignore this notice and fail to prune the tree, he can ask the council to come and do it themselves.
How can I get my neighbour to cut his dead tree in Vermont?
In Vermont, if the tree is on your neighbour’s property, it is his tree and he has the right to keep it or cut it down. If you feel that the tree is dead and may cause damage to your property, it is best to have a local certified arborist inspect it.
If you want to remove a tree on your property, make sure you contact your local utility company first. They will come and mark any underground utilities that could be damaged by excavation. You should also check with your municipality or county to see if they have any laws or regulations regarding the removal of trees.
What happens if I cut my neighbour’s tree down in Vermont?
In general, a neighbour is not allowed to cut down a tree that is growing on the land of another person. The exception to this would be if the tree was located on the boundary line between the two properties, and it was unclear who owned the tree. If your neighbour cut down your tree in Vermont, you are entitled to receive compensation for the value of that tree. If you are unable to reach an agreement with your neighbour regarding payment, you may file suit in a Vermont court and ask that your neighbour pays for the cost of replacing your trees.
If a tree is cut down on my property by a neighbour how much money should I receive in damages?
The answer will depend on the value of the tree, the harm is done to you and your property, and whether what your neighbour did was intentional or accidental.
If the tree was worth more than $500, you can sue for damages. If it was worth less than $500, you can bring a claim under small claims court.
You must first try to convince your neighbour to pay for damages. If that doesn’t work, you can sue if you believe that doing so would result in receiving adequate compensation.