Table of Contents
- My neighbour cut my tree in Montana
- What happens if I cut my neighbour’s tree down in Montana?
- 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 neighbour who has cut down your tree, then you must know the laws pertaining to this issue. The laws vary from state to state and in Montana, there is no law that says you cannot cut down a tree, which is on your own property.
You can prune the branches of a tree if they are hanging over your property line, even if they do not belong to you. The only thing to consider while doing this is that you may be held responsible for any damage caused to the tree.
If you want to remove a tree that is located on someone else’s property, then you need to take their permission first. This does not mean that you will own it after cutting it down but the owner of the wood remains with the landowner.
If your neighbour has cut down a tree without your consent, then there are some things that you can do about it. You can file a complaint with the police department or ask them to investigate the incident as soon as possible.
My neighbour cut my tree in Montana
Every state has a different set of laws regarding trees, and in Montana, the law states that if a tree is located on the property line of two different pieces of land, and is healthy, then it’s considered a boundary tree and both owners have the right to use it.
In this instance, since you’re not sure whether or not your neighbour has permission to cut down your tree, you should first find out if the tree is actually on his property. If it is on his property, he can cut it down. If not, he will be breaking the law.
Next, decide what else you could do with this problem. Be sure to approach your neighbour calmly and professionally to discuss your issue. Also think about contacting an attorney regarding the situation, who will be able to help you through your next steps.
My tree branches overhang my property in Montana
It is your tree and your property. The neighbour has no right to remove the branches. You do not have to trim the branches.
If the neighbour cut your tree, you can sue for damages. You can also seek an injunction forbidding the neighbour from removing any more of your trees.
My neighbour damaged my tree on my property in Montana
According to the Montana Department of Agriculture’s website, Russian olives are an invasive species and were likely planted for ornamental purposes back when they were not listed as a noxious weed. In fact, Russian olives are listed as “prohibited” in Montana. This means that you cannot plant this tree because it is highly invasive and damages wildlife habitats, reduces biodiversity and disrupts native plant communities.
You will not get compensation for the tree, but you are responsible for removing its stump. If you leave the stump in place, your neighbour may be able to come back again later and cut it down again. The good news is that there are some simple ways to remove a tree stump, including renting an inexpensive stump grinder or using a chemical stump removal product to kill the roots so they will rot away over time.
My neighbour’s tree roots or branches damaged my property in Montana
If the tree was on your neighbour’s property and the roots or branches damaged your property, then you have a claim for trespass against your neighbour. You can sue him for compensation for the damage to your property.
If you can prove that he acted maliciously or with disregard for the damage to your property, you may also be able to recover punitive damages, which are designed to punish the defendant.
Can my neighbour make me cut my tree?
In general, if you have a tree that is in your backyard and not near the property line, your neighbour has no right to tell you what to do with it. If your neighbour wants to trim branches that extend onto his property, he can trim them back to the property line, but he must take care not to damage your tree in the process.
If the tree is close to the boundary line between properties, then you both have a right to it. If one party trims back branches that overhang their property, they cannot damage the tree while doing so.
If a tree is close enough that its roots are causing damage to your neighbour’s property, they have a right to have those roots trimmed back.
How can I get my neighbour to cut his dead tree in Montana?
In Montana, the law is quite clear that a neighbour who cuts down your tree can be held liable for treble damages and the attorney fees you incur to pursue the matter. That being said, the best advice I can give you is to not let it get to that point.
The first thing I would do is ask him to cut it down. Be nice about it, but also be firm. Don’t take “later” for an answer, as neighbours will often drag their feet on these issues until they forget about them completely, which can lead to bad blood and costly legal battles.
What happens if I cut my neighbour’s tree down in Montana?
n Montana, any tree that is located on the property of another is considered the property of the owner of the land on which it is located. This means that if a tree is located on your neighbour’s property and you cut it down, you could be liable for damages to your neighbour.
Montana law doesn’t require a person who owns land to maintain it in any particular way. Therefore, when a person chooses to take action and remove a tree from his or her own land, this decision is usually protected by law. However, if a person removes a tree from another’s land without permission, he or she could be held liable for damages caused by the removal of the tree.
If a tree is cut down on my property by a neighbour how much money should I receive in damages?
Usually nothing. If a neighbour cuts down a tree on your property, that’s called “trespass.” In most states, you can make the neighbour pay for the value of the tree, which is called “restitution.” However, if the neighbour didn’t know that the tree was on your land (this happens quite often with boundary line disputes), they’re off the hook.
In some states, you may be able to make them pay for punitive damages as well (to punish them). However, it’s hard to make money in this situation because trees aren’t worth very much. If you’re thinking about suing your neighbour in small claims court, unless it’s a very expensive tree that was cut down (e.g., a 100-year old oak), you might be better off just planting another one for $10 and forgetting about it.