Table of Contents
- My neighbour cut my tree in Louisiana
- What happens if I cut my neighbour’s tree down in Louisiana?
- 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 know what happened when my neighbour cut down my tree in Louisiana, then read on…
Our tree was big. Well, it was big until the neighbour cut almost half of it down. We live in Louisiana and the southern part of the state gets hurricanes each year.
You would not believe it, but my neighbour cut down a huge tree that was in my yard. The tree was no longer healthy enough to stay and if there was a storm with strong winds, it could fall on the house. I was hoping it would just fall on the neighbour’s car.
My neighbour cut my tree in Louisiana
The issue of tree ownership is not as simple as you might think. Where a tree’s trunk lies is not always the determining factor. If branches are on your property, they are yours to keep or cut as you like. If a tree trunk stands on your property but its roots lie below your neighbour’s property line, the roots could be considered to be on both properties. Your neighbour can trim branches that encroach on his property, and you can trim those that encroach on yours, but neither of you can cut down the whole tree without permission from the other.
In most cases, it’s illegal for anyone to cut down a tree without permission from the city or town in which it resides, especially if the tree is healthy and does not pose an immediate danger to people or property. If a tree has been improperly removed from public land, you can report this violation to local authorities and ask them to take action against the responsible party.
My tree branches overhang my property in Louisiana
The tree is on my property, but the branches overhang my neighbour’s property. My neighbour cut off all the branches that overhang her yard. Is she allowed to do that?
Yes, your neighbour can cut them back to the property line. Your neighbour has a right to enjoy his/her property, and if you don’t want your tree trimmed, you should have it trimmed yourself rather than waiting for your neighbour to do it for you.
My neighbour damaged a tree on my property in Louisiana
In Louisiana, it is the law that if a neighbour or anyone else damages or destroys a tree on your property, you may be entitled to compensation for it. This is especially the case if the tree was healthy and of economic value. Under Civil Code Articles 2315 and 667, you can sue for the actual value of the tree or for double that amount if your neighbour intentionally cut down or damaged your tree.
If you are going to take legal action against your neighbour, it is best to do so within one year of when the damage occurs. If you plan to pursue compensation for double the value of the tree, you must file suit within three years.
My neighbour’s tree roots or branches damaged my property in Louisiana
Louisiana is one of the states that grant tree owners this particular right. The lumberman’s rule applies in Louisiana, which means that if you cut down a tree encroaching on your property, you are responsible for the cost of removing it.
The fact that you were unaware of the roots or branches growing over to your property does not impact your liability to remove the tree.
I would suggest having a conversation with your neighbour about removing the tree and splitting the cost. If they refuse, you may wish to take them to court.
How can I get my neighbour to cut his dead tree in Louisiana?
Each state has its own laws about tree ownership, but generally, if the trunk of a tree is on your property, you are the owner of that tree. In some cases, however, when a tree is growing over a dividing line between two properties, both property owners have what’s called joint custody of the tree. That means both owners have the right to prune or remove branches and any other parts of the tree that cross or hang over the dividing line.
If a tree is entirely on your neighbour’s property but its roots cross onto your land, then you can cut down only those root sections that encroach on your property. However, you cannot cut off any root sections that are in your neighbour’s soil unless you have permission from her.
As a general rule of thumb, do not attempt to trim or prune another person’s trees without gaining his permission beforehand. If damage results from your actions to his trees and he can prove it, he may be able to sue you for damages.
What happens if I cut my neighbour’s tree down in Louisiana?
The Louisiana Civil Code states that a landowner is entitled to the air, light and view above his property. This right is called the right of support. If a neighbour cuts down trees or builds a structure that blocks your view or sunlight, you may be able to sue for damages or an injunction.
Right of Support
The right of support originated in Roman law, which recognized that there are certain aspects that belong to a landowner as opposed to the owner of the land itself. A common example is a space between a landowner and the sky above. The Code Napoleon adopted this principle, and it was incorporated into French law in Louisiana before its transition from French to American rule in 1803.
Can I Sue for Damages?
You can sue for damages if your neighbour’s tree blocks your view or access to sunlight on your property. However, you cannot sue for damages if his tree grows over your property line by mere inches. This is considered a trespass that does not cause damage because it does not block light or obstruct your view. You can only sue for damages if the overhang causes direct harm such as blocking sunlight from windows in your home or obstructing views from your yard.
If a tree is cut down on my property by a neighbour how much money should I receive in damages?
The neighbour’s tree damaged my property and was cut down without notification. I want to know how much I should get in damages.
The tree was alive and healthy and the neighbour cut it down because of the damage without notifying me or the city. It was almost like the tree fell on its own because it was dead except it wasn’t dead.