Table of Contents
- My neighbour cut my tree in Nebraska
- What happens if I cut my neighbour’s tree down in Nebraska?
- 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 Nebraska, you have the right to cut branches that overhang your property. You don’t need permission from your neighbour or the city. You can trim them away or even cut them down if they’re causing a problem.
You cannot trim anything that’s on your neighbour’s property, but if it’s on a border between your properties, you can cut it back to the property line. If the tree is entirely in your neighbour’s yard, though, you have no rights to it and can’t do anything without their consent.
Even if the tree isn’t yours, you can call the city and ask them to send out an inspector to check for problems with the tree, such as disease or rot. If they find a problem with the tree and order its removal, you might be able to get compensation for any damage that would be caused by removing the tree.
My neighbour cut my tree in Nebraska
Legally, if a tree trunk is on the property line between you and your neighbour, the tree belongs to both of you. You both have a right to use it, trim it, cut it down or even sell it. That being said, your neighbour might have had his reason for cutting down the tree.
And yes, it is legal in Nebraska for a neighbour to cut your tree down as long as he does not trespass on your property while doing so. If a portion of the tree was on his property and he didn’t trespass on your property while cutting it then he is within his legal rights to cut down the tree.
My tree branches overhang my property in Nebraska
In Nebraska, the boundary trees are considered to be owned by each owner up to the property line. For example, if a tree trunk is on your neighbour’s property and part of the branches are on your property, you own that part of the branches. You can trim them without asking for permission from your neighbour. You must take care not to do substantial damage to the trunk or roots because that would be trespassing.
If a tree falls on your house from your neighbour’s yard and causes damage, you may hold them liable for the damage caused. If it happens during a storm when there was no negligence involved, then they are not responsible for paying for the damage. If you believe they cut down the tree knowing it would fall on your house or in an act of negligence (e.g., improper pruning), then you may have grounds for a lawsuit.
My neighbour damaged a tree on my property in Nebraska
This is a common problem and the answer depends on the type of tree and your relationship with your neighbours. If you have fruit trees along a property line, you may find that your neighbour’s children are helping themselves to fruit as it ripens. If there are no fences, children and adults alike may walk through your flower beds or vegetable garden, or let their dogs run free in your yard. In these instances, a polite discussion with your neighbour about the problem might correct the situation.
But if your neighbour has damaged or destroyed a tree on your property, you need to take a different approach. You will need to identify the type of tree, estimate its current value and decide how much you would be willing to spend to have it replaced.
My neighbour’s tree roots or branches damaged my property in Nebraska
Landowners in Nebraska are responsible for making sure that their trees do not damage the property of others. If a neighbour’s tree does cause damage, the neighbour can be held liable for the costs of removing the tree and repairing the property.
If a neighbour’s tree is causing damage to your property, you must provide written notice to your neighbour explaining your concerns and giving them an opportunity to resolve the problem. You may want to consult a local attorney if you’re not sure how to proceed with this process. Your neighbour is not liable for any damages caused by a tree that has been dead, diseased, or otherwise weakened by natural causes.
Can my neighbour make me cut my tree?
If your neighbour is asking you to cut down your tree, there are a few legal steps you can take to resolve the issue without having to take drastic action like cutting down a healthy tree.
If your neighbour has not approached you about the issue, and you are worried about an impending legal battle, it might be worth discussing the matter with them first.
The roots of the tree may be causing damage to their property in some way, or they may simply not like the appearance of your tree. If the problem is minor and can be solved by trimming some branches or roots, then it might just be worth doing this rather than going through a lengthy legal process.
How can I get my neighbour to cut his dead tree in Nebraska?
In Nebraska, you can call the local planning commission or city government. They will probably have a code enforcement officer come out and inspect/verify that it is a dead tree.
If the tree is merely dead, not dangerous, the city cannot force your neighbour to cut it down. The city can only force him to make it safe by trimming back branches that extend over your property and pose a danger to people or property.
If the tree is actually dangerous, then the city CAN force him to cut it down. They might also be able to find him for allowing a dangerous situation to persist on his property for so long.
What happens if I cut my neighbour’s tree down in Nebraska?
The law on trees seems to be that your neighbour owns the trunk and anything growing from it, so you’re not entitled to cut off any branches that come over your boundary. If there’s a shared boundary, you can trim back to it. But if it’s on your neighbour’s land and you do any more than that, they could claim trespass or nuisance against you.
This is particularly important with Cedar trees as they grow very quickly and can create a lot of shade and leaf drops in a short period of time.
If a tree is cut down on my property by a neighbour how much money should I receive in damages?
In the United States, the law of trespass and nuisance provides several options for property owners when a neighbour cuts down another person’s tree.
The options depend on whether the tree in question was on the property line or wholly on one person’s land.
In some jurisdictions, if a tree is cut down by a neighbour without permission from the owner of the tree, the owner of the tree can file a civil lawsuit seeking damages. The damages that can be sought include what it would cost to replace the tree and any loss in property value resulting from its removal.
In other jurisdictions, the owner of the tree whose tree was cut down can bring an action for “injunction,” which means that he or she would ask the court to order his or her neighbour not to cut down any more trees. This option is typically used when a neighbour repeatedly cuts down trees belonging to another person and refuses to stop.