Table of Contents
- My neighbour cut my tree in Idaho
- What happens if I cut my neighbour’s tree down in Idaho?
- 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 common issue that is presented to Councils each year concerns the fate of trees in urban reserves. Trees on neighbouring land may have branches that encroach onto private property dropping leaves and flowers, blocking the sun, shedding branches or fruit, or even reducing the local property values.
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 Idaho
Neighbours cutting neighbour’s trees can be an emotional issue, especially if the tree is holding sentimental value. In general, Idaho does not have a law that protects your trees from the neighbour next door; however, in some cities and communities, a specific tree ordinance may be in effect. Keep in mind, if your neighbour hits or damages a tree or shrub on your property while cutting their own tree within the legal right-of-way, they are responsible for paying to replace it.
My tree branches overhang my property in Idaho
You don’t have to be the one who planted a tree in your yard to call it yours. If any part of the tree reaches beyond your property line, it’s considered your responsibility. Now you may think, “It’s just the branches,” but that overhang can be a problem for the neighbour. After all, leaves can land in the neighbour’s yard, rainwater from those leaves can create slippery conditions and seeds can grow into new trees that damage their property.
My neighbour damaged my tree on my property in Idaho
I had a tree on my property in Idaho that got damaged by my neighbour. She was clearing a park strip that separates our homes and essentially decapitated the tree. I would like to know if there is a legal basis to seek compensation for the damage done to the tree.
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 Idaho
A tree or shrub that is planted on the property line, or whose branches and roots extend onto adjoining property, is called a “fence-line tree.” If a fence-line tree causes damage to adjacent property, the adjacent property owner can recover damages from the neighbour who owns the tree. However, some state laws require that certain procedures be followed before the neighbour can recover from his or her neighbour. For example, in order to recover under Idaho statute ID ST 5-631(1), the damaged party must first give written notice to the offending neighbour describing when and how the damage was caused by the tree. The neighbour must then have a “reasonable time” (usually more than one month) after receiving notice to correct the problem caused by his or her tree.
Can my neighbour make me cut my tree?
Determine what the tree ordinance in Idaho entails, and whom it is intended to protect. Next, find out if your tree is causing a nuisance or presenting a hazard to your neighbour. Once you determine the cause of your neighbour’s concerns, take the appropriate steps to rectify the situation. Finally, discuss your situation with an attorney if you have any remaining questions.
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 Idaho?
My neighbour has a huge tree that’s been dead for years, and it’s so big I can’t see through it. It’s starting to freeze, and I don’t want to pile up and get out of the house. I think it will be dangerous to stay. What should I do?” The first thing you need to do is check the local city ordinance. Make sure there aren’t any laws that would prevent cutting down the tree – if there are, they could provide you with some legal standing to go forward with this.
I have a neighbour who has a dead tree in his yard, which is threatening my property. I called him on it, and 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 Idaho?
Idaho has strict laws when dealing with neighbourly disputes especially when it comes to cutting down a neighbour’s tree. You should proceed with caution if your goal is to simply cut down the tree and not damage your relationship with the neighbour
If a tree is cut down on my property by a neighbour how much money should I receive in damages?
If this happens, you may be able to bring a civil lawsuit in Idaho state court where you’ll need to prove to the court that you own the property, that your neighbour was responsible for cutting the tree down and that you suffered damage based on the loss of the tree. You can also file suit for any costs you incurred by replacing the tree with another.
In Idaho, the neighbouring landowner is responsible for the removal and payment of damages for any trees on his property that fall onto an adjacent property unless the owners are jointly responsible. The law only provides for tree damage and not death to a person or livestock. Tress may not be cut down in order to obtain damages and the only recourse is through civil action. Title 55-704A (1) states: