Table of Contents
- My neighbour cut my tree in Arkansas
- What happens if I cut my neighbour’s tree down in Arkansas?
- 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 you want to trim tree branches that overhang your property, so long as they are not within a city’s right-of-way, you’ll be well within your rights to remove them. To avoid potential problems and keep your neighbour happy, however, we suggest that you speak to your neighbour before taking any action.
If your neighbour cut down your tree and damaged your fence line in any way, he may be legally obligated to pay restitution. This means that he may need to repair your fence line at his own expense and compensate you for any financial losses that you suffered.
You may be able to recover compensation for your tree through an action for damages or by filing a criminal complaint against your neighbour.
My neighbour cut my tree in Arkansas
As long as you do not attempt to cut down the tree on your neighbour’s property, you may be able to hold him liable for the value of your tree. Depending on how much you are asking will depend on how quickly he will want to reach a settlement instead of going to court.
My tree branches overhang my property in Arkansas
My tree branches overhang your property, as shown in the photos you sent. You have my permission to trim them back to the property line.
My neighbour damaged my tree on my property in Arkansas
Your tree might not be on your neighbour’s property, but if it overhangs the property, your neighbour could be liable for any damage they cause to branches, leaves or fruits above the property line. The answer is yes. Even though a tree trunk may be within the confines of your own yard, there can still be circumstances when a neighbour doesn’t even have to touch your tree in order to get into trouble with you.
My neighbour’s tree roots or branches damaged my property in Arkansas
Your options are to pay for repairs and sue your neighbour for reimbursement. The first option, paying for repairs, involves fixing the issues yourself and holding out for the legal process to play out.
Can my neighbour make me cut my tree?
You want to know if your neighbour has the legal right to force you to trim or remove your overhanging tree branches in Arkansas. The Arkansas Code, Section 18-114-103 is known as the “Tree Damages Act” and provides that a landowner may cut back encroaching tree limbs but is not required to do so. What does this mean? A neighbour who wishes for you to cut back your tree branches can simply notify you of their desire. In such a case, if you refuse, the neighbour can then cut off the tree branches that are encroaching on their property themselves and sue you for the cost of doing so. In response to the suit, it would be up to you to prove that the neighbour cut back more than was necessary or should have. However, this would be difficult unless they took drastic measures such as completely cutting down your tree.”
Although trees can be a beautiful addition to a home, they can also become overgrown, unsightly and dangerous. They can block out the sun, rain gutters, drop leaves and branches and become home to pests. A natural question that arises is: Can I make my neighbour cut down their tree?
How can I get my neighbour to cut his dead tree in Arkansas?
In many cases, you can do this on your own at no extra cost to you. Contact your local government and ask if Homeowners’ Assistance programs are common in your area. This would provide an affordable option for getting the dead tree removed. In other cases, you may have to hire a private company. If this is necessary, make sure you only deal with licensed professionals.
When a tree falls, it can damage property or completely crush your neighbour’s house. Get these tips on how to handle the situation if you have reason to believe your neighbour is neglecting their property.
What happens if I cut my neighbour’s tree down in Arkansas?
NO. It is a crime in Arkansas to intentionally cut down, burn, or carry away another person’s trees without permission. If you ever do so without permission, you can be sued by the appropriate owner of the tree for money damages equal to its value in its condition immediately before the damage occurred. The money damages are based on the value of a tree in its natural state, not on any additional value attributable to its location on the land where it was located.
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 my property by a neighbour how much money should I receive in damages? Answer: This depends on a number of factors: the size of the tree if it was cut down for legitimate reasons, whether there was permission to cut down the tree, its age & location, the availability of replanting options, or possible future encroachment problems. A local real estate lawyer can advise you. Be sure the land survey has been updated to reflect any changes.
If you have experienced financial damages because a tree was cut down on your property, you should contact your state Department of Agriculture, as well as your state Division of Forestry to research whether an act of this type violates any regulations. If a neighbour has purposely removed a tree that is on his land so that it can cause damage to your property and this act was done without your permission, the value of the tree will be the consideration in determining how much you would receive.