Table of Contents
- My neighbour cut my tree in Maine
- What happens if I cut my neighbour’s tree down in Maine?
- If a tree is cut down on my property by a neighbour how much money should I receive in damages?
Yes, a neighbour can cut down a tree that is on the property line or that encroaches on his property. However, the neighbour may need to be careful in taking such action.
It is always best if the parties can communicate prior to taking any action that may damage or destroy the other party’s property. A call to the neighbour would be in order and let him know you are aware of what he is doing.
If your neighbour cuts down a tree that is on your property, you have the right to sue him for trespass and for cutting down the tree without your permission. You may also want to contact your local police department and report to them what your neighbour has done.
In Maine, there are damages available for cutting down trees. The damages are calculated by ascertaining the value of each tree destroyed. The value of a tree is determined using a formula based upon the size of the tree, its species and its age. The value of a large pine or oak will be worth more than a small one due to their greater density and durability as well as their beauty and utility purposes.
My neighbour cut my tree in Maine
A property owner in Maine is entitled to cut down trees on his/her property, even if they are growing over the border onto your property, provided they do not trespass onto your property in order to do so.
If your neighbour has conducted this work without your consent it could be considered an act of trespass. You would need to speak to him and ask him not to do this again.
If he continues to cut down trees you could apply for an injunction which is a court order forbidding a person from doing something.
My tree branches overhang my property in Maine
If a tree overhangs a property line, either neighbour can trim the branches to the property line, but not beyond. If there is a dispute about where the property line is, it should be settled before any trimming is done.
If the branches that are cut off are attached to the trunk of the tree on your neighbour’s side of the property line, he or she may keep them. If they are attached to the trunk on your side of the property line, you may keep them. If both neighbours want to keep them, they should be sold and any money should be split between the two of you.
My neighbour damaged my tree on my property in Maine
In Maine, it is a civil offence to cut down or cause damage to a tree on another person’s property. The owner of the tree can sue for damages in civil court and also file a criminal complaint. A neighbour who damages a tree on your property should be given an opportunity to make restitution before taking legal action.
If the damage was accidental, your neighbour may offer to pay for the damage. He may also offer to replace or repair the damaged or destroyed tree. If your neighbour refuses to pay damages, you can sue your neighbour for damages in a civil court.
My neighbour’s tree roots or branches damaged my property in Maine
If your neighbour’s tree is actually encroaching on your property, in many cases there are no trees that you can cut down. If the tree has been there for more than a year, it is not considered to be trespassing and so you cannot have it removed.
If the roots or branches have damaged your property, you need to consider whether they are still causing any damage. If they are not, then you have no grounds for complaint. If they are causing damage now or are likely to in the future, then you can make a claim against your neighbour (or his or her insurance company).
Can my neighbour make me cut my tree?
The problem is your neighbour has no right to demand that you do anything to your tree. It’s your tree.
However, if the tree is causing a nuisance, he can apply to the local council for an abatement order under Section 8 of the Environmental Protection Act 1990. This can be done if the overhanging branches or roots are damaging his property, such as cracking walls or blocking gutters.
The council may then serve a notice on you requiring you to prune back the branches or roots so they don’t damage his property. If you ignore this notice and fail to prune the tree, he can ask the council to come and do it themselves.
How can I get my neighbour to cut his dead tree in Maine?
Maine has property rights and laws that govern the use of the property. In Maine, every property owner has an absolute right to the air space above their land to an infinite height and to remove anything from their land which is detrimental to the health, safety and welfare of the people who live there.
Maine does not require a permit for tree cutting on a person’s own property. However, the Maine Department of Agriculture, Conservation and Forestry notes that no person may intentionally injure or damage a tree belonging to another without legal authority or consent of the owner.
According to Maine’s Tree Growth Tax Law, a landowner must pay a tax for removing trees (or portions of trees) from 10 or more acres in one year. The penalty for violating this law is a fine or imprisonment. For more information on the Tree Growth Tax Law and penalties, see Maine Code Title 36: Section 554-A.
What happens if I cut my neighbour’s tree down in Maine?
The Maine Legislature has enacted the Tree Growth Tax Law to encourage the maintenance and growth of forest lands. Under this program, people who own large parcels of forest land are given tax relief based on a management plan for the property.
Failure to comply with the management plan can result in the forfeiture of the tax benefits. In addition, landowners may be liable for damages if they clear-cut a forest without a plan that complies with state law.
A landowner who cuts down his neighbour’s tree without permission may also be liable for damages or may have to replace the tree. If you have any questions about your rights or obligations regarding trees on your property, contact an experienced real estate attorney in Maine.
If a tree is cut down on my property by a neighbour how much money should I receive in damages?
Property law can get complicated in this area because trees are considered part of the land. If a neighbour cuts down a tree on his property, he may be liable for trespassing. It depends on whether he has permission to enter upon your land to do so. For example, if you allowed him to enter your land for any reason, including cutting down a tree, then he would not be liable for trespassing.
However, if you did not give your neighbour permission to enter your land for any reason and he did so anyway, then he would be liable for trespassing. In some cases, neighbours may have an agreement that allows each other to enter each other’s land without being sued for trespass. This type of agreement is called an easement.