Table of Contents
- My neighbour cut my tree in Nevada
- What happens if I cut my neighbour’s tree down in Nevada?
- 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 Nevada, a neighbour may cut down a tree that extends past the boundary line onto his property. However, he must pay the owner of the tree for half of its appraised value. If an agreement cannot be reached, the owner has one year to sue and recover the money. A tree along a common boundary line is shared by both owners.
If the tree is on your property but overhangs your neighbour’s land, he may not cut it without permission, even if it drops leaves or fruit on his property. In Nevada, you are responsible for cleaning up debris from a tree that overhangs someone else’s property.
My neighbour cut my tree in Nevada
In Nevada, a tree owner has the right to trim the branches that extend over his property. The encroaching branches are considered to be his property, and he may cut them back to the property line without the tree owner’s permission.
If the tree is no longer alive, or if it is dead, diseased or infested with insects, the neighbour may go to the neighbour’s property and cut down the entire tree. However, if the tree is still living and healthy, he may not enter the neighbour’s property without permission in order to trim or remove the tree.
The situation is different if the neighbour has an easement for utilities or other purposes. If a utility pole or power line is located on your land and maintained by your neighbour’s utility company, he has a right of way over your property, including your trees. The utility company may trim or remove any trees that interfere with its ability to maintain its poles and lines.
My tree branches overhang my property in Nevada
You have a legal right to trim branches and limbs that extend past the property line. However, the law only allows tree trimming and tree cutting up to the property line. You may not go onto the neighbour’s property or destroy the tree. If you do go onto the neighbour’s property or harm the tree, you could be liable for double or triple the value of the tree.
If you believe your neighbour did something wrong, contact a local attorney who can review your facts and advise you of your options.
My neighbour damaged my tree on my property in Nevada
Lawyers are not necessary for small claims court, as the process is fairly straightforward. You can consult a lawyer to learn about your rights and responsibilities, but even if you have a lawyer representing you, you need to be present at the hearing.
I suggest that you first consult with a real estate attorney in Nevada and explain your situation so that you will know if there is anything more that you can do.
My neighbour’s tree roots or branches damaged my property in Nevada
The law of nuisance prohibits neighbours from using their property in a way that unreasonably interferes with the use and enjoyment of your property. The problem is that one person’s idea of unreasonable use may be another’s idea of a good time.
The law of nuisance doesn’t provide for an absolute right to quiet. Noisy neighbours are allowed to make some noise, and in doing so, they may violate your right to quiet enjoyment of your home. You probably have no cause to complain about noise if it occurs during daytime hours or lasts only a short while. Noise at night or on weekends might be more objectionable, depending on the activity and the time of day or night.
If you have noisy neighbours, you can either put up with it or try to do something about it. If you choose to take action, there are several approaches you can take, depending on the circumstances.
Can my neighbour make me cut my tree?
If the branches or roots of your tree are causing damage to your neighbour’s property, he may have a claim against you for those costs. The same is true if he can show that the tree is a nuisance — for example if it’s dropping large amounts of fruit onto his property, making the ground slick and dangerous.
The bottom line is that you need to speak with an attorney who can review all of the relevant documents and talk to you about what’s been happening between you and your neighbour.
How can I get my neighbour to cut his dead tree in Nevada?
The Nevada Revised Statutes provide that a person may cut any tree on another person’s property that is within 20 feet of a structure, building or fence. The person cutting the tree must give the owner of the property at least 24 hours’ notice and must pay for the cutting of the tree. Your neighbour can cut any part of the tree that overhangs his roof but must pay to have it done.
If you think your neighbour might try to cut down your trees without asking for permission, or without letting you know about it, you should contact your local police department.
What happens if I cut my neighbour’s tree down in Nevada?
In Nevada, a tree on your neighbour’s side of the property line is considered your neighbour’s property. If you cut it down or otherwise damage it, you are liable for the cost of replacing it.
If the tree in question is overhanging your yard, however, there is a possibility that you can trim it back to your property line without penalty. However, this should be done only if the tree is causing a real problem and not just because you don’t like the way it looks.
If a tree is cut down on my property by a neighbour how much money should I receive in damages?
It depends on the value of the tree. If it was a mature tree, it could be tens of thousands of dollars. An arborist would need to determine its value.
If you do not have insurance for the tree, one option is to file a small claims lawsuit against your neighbour for cutting down the tree and/or go through mediation with your neighbour.
The amount you are entitled to recover will depend on several factors. You will likely have to present an estimate of the value of the tree, which may require the testimony of an arborist or similar expert. The amount you are entitled to recover will also depend on whether or not you would have been able to cut down the tree yourself had it not been cut down by your neighbour. For example, if there was a good possibility that you would have had to remove the tree yourself due to disease or other problems, then you may not be entitled to much money since you would have had to spend money removing it anyway.