Table of Contents
- My neighbour cut my tree in Hawaii
- What happens if I cut my neighbour’s tree down in Hawaii?
- 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 tree on your property that is cut down by a neighbour without permission may constitute the tort of trespass. Trespass is defined as an unauthorized entry onto another person’s land. A neighbour who enters your property and cuts down a tree has committed a trespass, which is also a type of property damage.
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 Hawaii
If your neighbour cuts a tree that you own or damages, your neighbour can be held legally responsible for the damage done to your tree. You may be able to sue him in small claims court and determine there whether he was guilty of negligence or committed a nuisance.
My tree branches overhang my property in Hawaii
If Hawaii tree branches are considered to be of nuisance value, in that they are dropping leaves, fruit or flowers onto another person’s property, the branch may be removed. Property owners can also trim branches that extend over their own property.
My neighbour damaged my tree on my property in Hawaii
If you are a property owner and you want to file a lawsuit against someone who damaged your tree, you should definitely start with the police. This is particularly important if the tree was intentionally damaged. When the police arrive, they will ask both parties to write a written statement of what happened and if there were any witnesses as well.
Your neighbour damaging your tree does not mean that he/she is automatically liable for the damage. You may have to take legal action and go to court to prove he/she did it and that the damage was real.
My neighbour’s tree roots or branches damaged my property in Hawaii
Unfortunately, tree roots or branches can damage property or block underground pipes or utility lines. This can become a legal problem for tree owners, adjacent property owners and utility companies. In Hawaii, the law offers remedies if this happens to you, but in some cases, it is not easily applied.
Can my neighbour make me cut my tree?
In Hawaii, you can cut your neighbour’s tree if it grows over the property line onto your land. If you want to do so, you must provide your neighbour with a 30-day notice letter of intent.
If your neighbour’s tree branches or roots extend onto your property and you sustain damage as a result, you can sue her in small claims court without an attorney. You can file a claim for the cost of removal, but you can’t force your neighbour to cut down the tree.
How can I get my neighbour to cut his dead tree in Hawaii?
There is no legal way to force your neighbour to cut down his dead tree. Just because you believe it can fall on your house, does not make it so. That said, I strongly suggest that you have a professional arborist determine the health of the tree and whether it poses a danger to anyone or anything. There is no better way to prove to someone that they need to remove a tree than do so in the form of a professional opinion and possibly photographs or x-rays or scans of the tree itself. Picturing several 5×5′ branches falling onto a roof (YOURS!) could persuade even the most stubborn people into action.
I have a neighbour who has a dead tree in his yard, which is threatening my property. I called him on it, he said “no problem” but never did anything. This was months ago. I still see it every day and I fear it’s a hazard. Is there anything I can do? Thanks!
What happens if I cut my neighbour’s tree down in Hawaii?
Hawaii is the only state in the nation to have two official languages, Hawaiian and English. By a law dating back to 1978, State agencies are required to provide all documents in both languages. This provision was originally intended to allow Native Hawaiians access to government information and services.
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 from your property by a neighbour, you may be able to receive compensation for the damages. However, compensation has some limitations. Some states have separate laws and regulations on tree removal. For example, in California, it would be illegal to trim or remove any kind of trees without the homeowner’s permission—even if they’ve chopped them down. In New York, homeowners are only allowed to cut trees that are directly over their property line
In the state of Hawaii, the laws regarding trees and land property ownership can be a bit confusing. We’ve looked into and summarized the steps required to take care of a tree removal issue with a neighbour, including what you are legally entitled to if your neighbour cuts a tree down on your land…