Table of Contents
- My neighbour cut my tree in Iowa
- What happens if I cut my neighbour’s tree down in Iowa?
- 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.
In Iowa, a person who owns or possesses land has the right to cut down trees that are growing on neighbouring property, if those trees are “hurtful” in some way.
If a tree is not harmful in any way but is simply annoying to someone because it blocks their view or drops leaves, twigs or fruit on their property, they have no right to remove the tree.
My neighbour cut my tree in Iowa
It may be your property, but it’s also his view. So, you aren’t likely to win this one.
If your trees substantially obstruct a neighbour’s view, he can cut them back to the property line. The branches and roots of a neighbour’s tree are a nuisance if they encroach on your land and interfere with the comfortable use and enjoyment of your property. If a tree or its roots encroach on your property and you want the tree removed, you must ask the neighbour to remove it. A court may order that the tree be removed if it is deemed to present an imminent danger of serious harm to a person or property. If both parties agree to keep the tree, then each is responsible for maintaining their respective sides of the tree
My tree branches overhang my property in Iowa
I live in a beautiful home in the state of Iowa. In the backyard, I have a beautiful elm tree which has provided shade, comfort and some fruit (though not so much this season). The neighbourhood has been great but my neighbour (Steve) just cut down my tree without notifying me or asking for permission. I did not feel that this was safe or responsible behaviour from someone who is about to assume leadership of our neighbourhood association. What should I do? Thanks for your time and consideration.
My neighbour damaged my tree on my property in Iowa
Iowa law is clear that a tree owner is entitled to an award of treble damages (three times actual damages) against a trespasser who cuts down, carries away or otherwise destroys trees growing upon the land of another. The only exception to this rule is if the tree was not marked or fenced by the owner, or if the trespasser had no knowledge that he/she crossed onto the land of another.
Since the tree was on your property, you would be entitled to its value if it was cut down by a trespasser. It is not necessary for you to show that your neighbour intended to injure you; under Iowa law, intent does not matter. Under Iowa law, the “value” of a tree will be determined using one of three different methods:
(1) the actual amount paid for comparable trees at a timber sale in the area;
(2) the fair market value at the time and place of cutting;
(3) the stumpage value at the time and place of cutting.
Stumpage value is determined by multiplying the volume of wood removed from each species by its rate per thousand feet.
My neighbour’s tree roots or branches damaged my property in Iowa
If you have a tree that is causing issues to your property, whether it’s roots or branches, there are steps you can take towards solving the issue.
If you are experiencing issues with a neighbour’s tree in Iowa, the first step would be to approach the neighbour and explain the problem that the tree is causing. Hopefully, this will lead to a solution where the neighbour will be willing to remove or cut back the tree/roots themselves.
However, if this is not possible and you think it is reasonable for them to do so then you can take them to court and if found guilty, they could face having to pay you compensation and may also have to remove or cut back the tree/roots.
Can my neighbour make me cut my tree?
No. Your neighbour cannot force you to cut your tree, but you may be liable if the tree causes problems for him. In most cases, home and business owners are not responsible for overhanging branches or falling fruit caused by trees on neighbouring properties unless they have been specifically notified that the tree poses a danger. If your neighbour sends you a letter stating that your tree is dangerous and poses a threat, it’s advised that you seek counsel from an attorney before taking action to avoid liability.
How can I get my neighbour to cut his dead tree in Iowa?
The law in Iowa is that you can cut back overhanging branches and roots that intrude on your property. However, cutting a tree down is different from trimming it back. You are not entitled to destroy the neighbour’s tree even if it overhangs your property line or its roots intrude on your land.
However, there is a way to get rid of the dead tree. You can sue the neighbour for nuisance if you can show that the tree poses an immediate danger of falling onto your house or property and that it is beyond repair. At that point, you should be able to get a court order requiring the neighbour to remove the dead tree.
What happens if I cut my neighbour’s tree down in Iowa?
If your neighbour cut down your tree, they could be liable for any damages to the trees or other objects on a nearby property. The law doesn’t generally draw a distinction between a tree that is on your property, encroaching onto your property, or in an easement. It’s common for neighbours to remove trees that pose a threat to their own homes or may block sunlight, but if the neighbour cutting down your tree also causes damage to an adjacent home or object, they may be liable for any resulting damages.
If a tree is cut down on my property by a neighbour how much money should I receive in damages?
According to Iowa law, if a tree is cut down by a neighbour and it causes damages, the neighbour may have to pay damages. However, if the tree was planted by the neighbour or had roots that were causing damage to your property, there may be no damage.
If the tree was planted by you and it was cut down, you may be able to collect damages. If the roots of the tree were invading your property and causing damage to sidewalks or water lines, you may be entitled to receive compensation for damages caused by the roots of your trees.
If a tree is cut down on your property by a neighbour who says he owns the land under your trees, you should hire an attorney to defend your ownership rights. If the trees are on your property or your deed includes ownership of land under trees, you should not allow anyone else to cut them down or remove them from your property without first getting permission from you.