A Neighbour cut down my tree in Delaware

In Delaware, if someone trespasses on a property, damages or destroys the property of an individual, or does something else to interfere with an individual’s rights, the person will generally be responsible for the damages if a court finds him or her guilty of the violation. Not all trees are protected, though all growing things are by default. If a tree is planted on your side of the fence line you have an easement, or legal right to be able to access that tree.

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.

The principle of law protects individuals from being sued for a wrongful act when they have not actually caused damage to the property in question. This principle applies unless the individual is doing something to cause damage to someone else’s property, such as cutting down a tree on a plot of land where it is clear that he does not have the right to cut down the tree.

My neighbour cut my tree in Delaware

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 Delaware

There is definitely a law in Delaware about tree branches overhanging your property.  You can trim the branches back to the property line but not any further, or you may be held liable for damages or injury sustained by the branch owner.  The branch owner also has the right to trim any branches that cross into his/her property but is also liable for any damages done on your side of the line.  In other words, if his/her trimming causes damage to your property, you have recourse against the branch owner.

My neighbour damaged my tree on my property in Delaware

If you think that your neighbour caused the damage, the first thing to do is to try to talk with him or her about it. You will want to document everything, so take pictures of the tree and any other evidence of what happened before you talk with your neighbour.

If neither you nor your neighbour is able to reach an agreement about who is responsible for paying for repairing or replacing your property, then you may need to file a lawsuit in court in order to get compensation.

You should contact an attorney and discuss your situation with him or her as soon as possible, as there are certain deadlines for filing a lawsuit over property damage.

My neighbour’s tree roots or branches damaged my property in Delaware

If your neighbour’s tree has overgrown its “natural boundaries” and the roots or branches have damaged your property, you may be able to sue your neighbour for the cost of repair in small claims court. However, you will have to prove that your neighbour was negligent. 

Can my neighbour make me cut my tree?

The short answer is no, your neighbour cannot make you cut down your tree.

But if the tree poses a risk of harm to your neighbour’s property or person (or his/her invitee), it is possible that your neighbour would be able to do so. This makes sense. After all, you wouldn’t want to be liable for damage to your neighbour’s property caused by a tree that you could have prevented by simply cutting it down.

How can I get my neighbour to cut his dead tree in Delaware?

There is no Delaware statute that requires landowners to remove trees that are dead or dying. Your neighbour is not required to cut the tree down because it may be in danger of falling on his property or your property.

If the tree is on his property, he can leave it until it falls or rots and falls. He may be liable if the dead tree falls on your property and causes damage, but you would have to sue him for damages.

What happens if I cut my neighbour’s tree down in Delaware?

In Delaware, it is illegal to cut down a tree without the permission of the owner. If you intentionally cut down or damage your neighbour’s tree without permission, you can be held liable for up to three times the value of the tree. This is in addition to any other repairs you are responsible for.

If a tree is cut down on my property by a neighbour how much money should I receive in damages?

If a neighbour cuts down a tree on your property, you are entitled to the value of that tree, which is determined by an evaluation from a qualified arborist. If the tree was sick or dying, it may still be worth something, and the arborist will provide details about the health of the tree and its expected life span.

Additionally, if there are damages to your property caused by the falling of the tree, you are entitled to reimbursement for those damages from your neighbour. This includes damage to fencing or other structures on your property as well as damage to your home itself. Generally, if there were no damages other than cutting down a healthy tree on your property, you should not expect to receive any additional money.