Table of Contents
- My neighbour cut my tree in West Virginia
- What happens if I cut my neighbour’s tree down in West Virginia?
- 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 our tree in West Virginia, and we didn’t know what to do. It was a big old willow tree that had been there for years, but our neighbour said he was afraid it would fall on his house. We were worried that the law might be on his side, so we decided to wait it out. But then he cut down another tree, which we knew he couldn’t have done without permission, so we called the county sheriff’s office. They were very nice and helpful, as always, and explained that sometimes people will get confused about property lines and end up cutting down trees that aren’t really theirs. They told us that if we thought this was the case with us, then we should call them again and they would come out to investigate.
My neighbour cut my tree in West Virginia
This is a very common problem that happens in West Virginia and around the country.
The following article discusses this topic:
Neighbour cut down my tree
In order to address the problem, you have to take your neighbour to court. However, it is not a simple case. If you are considering taking your neighbour to court, I recommend you hire an attorney to represent you.
My tree branches overhang my property in West Virginia
In West Virginia, when a tree’s branches overhang a neighbour’s property and the tree is properly maintained, the landowner has no right to cut them. However, if the branches are not maintained and grow so large that the neighbour can prove damage or interference with his or her own enjoyment of the property, he or she may be able to trim back the branches to the property line. The same goes for “nuisance” trees like those that drop debris on a neighbour’s roof—they’re fair game for being trimmed as long as it’s done in moderation. If you think your tree has been illegally trimmed, contact an experienced attorney who can help you figure out your rights.
My neighbour damaged my tree on my property in West Virginia
Tree owners in West Virginia have a legal right to prevent others from removing, cutting down or damaging their trees. However, the law does not protect trees that are located on property lines that separate two adjacent parcels of land. In such cases, both owners have an equal right to enjoy the tree.
If a tree straddles a property line, the trunk is considered to be the boundary between the two properties unless it is clear which side owns the majority of the trunk. If a dispute arises over who owns the tree, both parties can agree to split ownership of the tree.
In most cases, if your neighbour cuts down or damages your tree without your permission and without any legal justification, you have a right to file a civil lawsuit against them for monetary compensation. You may also be able to obtain an injunction preventing them from doing it again in the future.
My neighbour’s tree roots or branches damaged my property in West Virginia
In West Virginia, the general rule is that a person has no right to prevent their neighbour from cutting down their own tree. Since the homeowner owns the tree, they can do whatever they want with it, unless there is an applicable local ordinance which says otherwise (which is uncommon).
However, if the neighbour’s tree roots or branches damaged your property in some way (e.g. caused a crack in your driveway or foundation), then you may be able to recover damages from your neighbour. You will need to show that the damage was caused by the neighbour’s trees and that those trees were not healthy enough to cause the damage on their own. The common law principle of “natural use” requires that a landowner has no duty to control natural conditions on his property unless he has changed those conditions in some way
Can my neighbour make me cut my tree?
As long as your tree isn’t causing any problems to their property, then no. Your neighbour would have to have a legitimate reason for wanting you to cut your tree down. If the roots are damaging their property or if the branches are hanging over into their yard, then you may be asked to cut them back. But if it’s none of the above, the only way they can force you to cut your tree down is if they can prove that it is a danger or a health hazard.
How can I get my neighbour to cut his dead tree in West Virginia?
West Virginia law is fairly clear on this issue. A property owner must remove any portion of a tree that is on his or her property, even if the tree belongs to a neighbour. It is the responsibility of the property owner, not the tenant, to have trees removed from his or her land. In other words, your neighbour needs to take care of this problem himself and cannot force you to do it. However, it is a good idea to talk with your neighbour about the situation so that he or she can take care of it as soon as possible. The longer the dead tree sits on your property, the more likely it is that an accident will occur.
While West Virginia law does not allow you to simply hire someone to cut down your neighbour’s tree without first getting permission, it does allow you to sue for damages if your neighbour fails to fix the problem within 15 days after receiving notice of the danger. You can also sue for compensation if a fallen branch damages any part of your home or property.
What happens if I cut my neighbour’s tree down in West Virginia?
It is illegal to damage or destroy someone else’s property, and doing so may result in civil liability, criminal prosecution, and/or a lawsuit. For example, if you cut your neighbour’s tree down in West Virginia and the tree was healthy, you would be liable for compensatory damages to replace the tree with a like-for-like replacement. If the tree had sentimental value, such as a family heirloom planted by your neighbour’s late father, you could also be liable for punitive damages. You may even face criminal charges for the destruction of private property.
If a tree is cut down on my property by a neighbour how much money should I receive in damages?
The amount of money you will receive depends on how much damage was done to the tree before it was felled and how old it was.
If you can prove that the felled tree belonged to you, then you are entitled to damages equal to its “market value” at the time of loss. This means that your neighbour must compensate you for the fair market value of the tree, which is determined as though you had sold it in a reasonable commercial transaction. If your neighbour caused any damage to the tree prior to cutting it down, he or she may be required to pay additional damages based on this damage.