Table of Contents
- My neighbour cut my tree in Mississippi
- What happens if I cut my neighbour’s tree down in Mississippi?
- 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 have a dispute with your neighbour about trees, fences, property lines or other issues, try to resolve the issue by talking to your neighbour. If that doesn’t work and you need legal help, contact an attorney who specializes in real estate disputes.
If the tree trunk stands entirely on your neighbour’s property, your neighbour is the tree’s owner and can cut it down if he chooses.
If only part of the tree trunk sits on your property, you and your neighbour co-own the tree. You both have a right to prune or remove overhanging limbs that cross onto your property, but you mustn’t harm the other owner’s portion of the tree. You can’t prevent your neighbour from cutting down his portion of the tree.
My neighbour cut my tree in Mississippi
Whoever owns the property on which the tree is located owns the tree and all its parts, including the leaves.
Mississippi Code Annotated Sec. 21-3-3 (1972) states: “Trees, wood and underwood are real estates.” This means that whoever owns the property on which the tree is located owns the tree and all its parts, including the leaves.
However, just because you own a tree doesn’t mean you have an absolute right to do anything you want with it. For example, if a branch of your tree extends over your neighbour’s property and he cuts it down without your permission, you can sue him for trespassing and seek damages.
In many states, however, a neighbour can cut off any branches that hang over his property as long as he does not go onto your property to do so. The rules may be different if you live in a community that has local laws governing trees.
If a tree is unhealthy or diseased and is likely to fall over onto your neighbour’s home or other property, most courts will allow him to trim back any of the branches that overhang his property without your permission.
My tree branches overhang my property in Mississippi
In Mississippi, the general rule is that a landowner has no right to cut off or otherwise interfere with the branches of a neighbour’s tree, even when they overhang the landowner’s property.
The exception is that if those branches are dead or dying and pose an imminent danger to people or property, the neighbouring landowner can trim them back to the property line. Mississippi does not allow neighbours who are unhappy about their trees to just cut them down without a good reason.
My neighbour damaged a tree on my property in Mississippi
The law of property in Mississippi recognizes a property owner’s right to the use and enjoyment of the property, including trees. The law also requires that a person not intentionally harm their neighbour’s trees. However, there are situations when it is legal for a neighbour to cut down your tree.
A person may have the right to remove or damage your tree if it is interfering with their use and enjoyment of their own property. If the tree is interfering with their use of their property they may have the right to remove or damage it as long as they do not go onto your property to do so. If your tree is growing over onto the neighbor’s yard and causing issues, the neighbour may be able to trim it back without permission. You must first notify them that you object to the removal or trimming of your tree before they can be held liable for damages caused by removing or trimming your tree.
My neighbour’s tree roots or branches damaged my property in Mississippi
A tree can be an excellent addition to your property, but it can also cause problems. If your neighbours’ trees are causing damage to your property, you might wonder who is responsible for the damages. Here’s what you need to know.
Tree Damage and Responsibility
In Mississippi, a property owner is usually responsible for the damages caused by their trees. This means that if your neighbour’s tree falls on your house or car, their insurance will likely be responsible for paying for the damage. However, there are a few exceptions to this rule.
The first exception is if the owner of the damaged property was responsible for the damage in any way. For example, if you fail to take care of a problem with a fence that surrounds your property and your neighbour’s tree falls on your fence, damaging it further, you might have to pay for the repairs out-of-pocket.
The second exception is when a tree is considered dangerous or diseased. If this is the case, then the person who owns the land where the tree stands is responsible for dealing with it so that it cannot cause any more damage to other properties. However, if there are multiple owners involved in a piece of land and they cannot agree on what should be done about the tree, then they may
Can my neighbour make me cut my tree?
No. You can’t force your neighbour to cut their tree back if it encroaches on your land and it’s not causing you any problems.
Your neighbour is legally entitled to cut down any branches from a tree growing over the boundary that is hanging over their property. But they must offer you the cuttings, and they must do so in a ‘reasonable manner’.
This means that, if your neighbour wants to keep all or some of the cuttings, you should be offered the chance to take them first.
How can I get my neighbour to cut his dead tree in Mississippi?
In Mississippi, it is illegal for a person to cut or destroy the tree of another without permission. If someone does, the owner of the tree can sue the person who cut or destroyed their tree in civil court. The owner of the tree may be entitled to recover money damages from the person who destroyed their trees. The amount of damages depends on the value of the trees, as well as any other costs incurred by the owner in connection with replacing or repairing their trees.
If you do not have homeowner’s insurance, you might consider contacting a lawyer in your area. Often times lawyers will not charge for an initial consultation, which would be a great place to start.
What happens if I cut my neighbour’s tree down in Mississippi?
n Mississippi, if a tree is located on the boundary of two properties, you have to have the permission of both owners to cut it down. So if it belongs to your neighbour, you can’t touch it without his or her permission.
However, if the tree is completely on your property, you can remove it or trim the branches without your neighbour’s permission. But you can’t remove the trunk past the property line.
If overhanging branches are interfering with your ability to use and enjoy your property, you’re entitled to have them removed up to the property line. You also may be entitled to compensation for any damage done by fallen branches or roots.
If a tree is cut down on my property by a neighbour how much money should I receive in damages?
The amount of damages you may receive depends on the circumstances. If the tree was a healthy, mature specimen with a good value, you might be entitled to some significant compensation. However, if it was damaged or diseased, its value could be negligible.
Under English law, you are entitled to recover any financial losses you incur as a result of someone else’s action. So in this instance, you are entitled to claim for the loss in value of your property as a result of the removal of the tree.
That said, there is no guarantee that the neighbour will pay up – especially if they don’t have any money. If that is the case then unless he has something worth seizing (such as a car), you will have to forgo any payment.
The best way forward would be for you to instruct an experienced local surveyor to prepare a report on the value of your property before and after the tree was removed, and then take that report to your neighbour with a view to settling out of court.