Table of Contents
- My neighbour cut my tree in North Carolina
- What happens if I cut my neighbour’s tree down in North Carolina?
- 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 North Carolina, if someone trespasses on a property, damages or destroys the property of an individual, or does something else to interfere with an individual’s rights, the person will generally be responsible for the damages if a court finds him or her guilty of the violation. Not all trees are protected, though all growing things are by default. If a tree is planted on your side of the fence line you have an easement, or legal right to be able to access that tree.
If your neighbour cut down your tree and damaged your fence line in any way, he may be legally obligated to pay restitution. This means that he may need to repair your fence line at his own expense and compensate you for any financial losses that you suffered.
The principle of law protects individuals from being sued for a wrongful act when they have not actually caused damage to the property in question. This principle applies unless the individual is doing something to cause damage to someone else’s property, such as cutting down a tree on a plot of land where it is clear that he does not have the right to cut down the tree.
My neighbour cut my tree in North Carolina
As long as you do not attempt to cut down the tree on your neighbour’s property, you may be able to hold him liable for the value of your tree. Depending on how much you are asking will depend on how quickly he will want to reach a settlement instead of going to court.
My tree branches overhang my property in North Carolina
Tree limbs can be a problem if they’re close enough to obstruct your view of the road. But it’s more common for limbs to get in the way of electricity wires and power lines, which is called “tree contact” in the electrical industry. Even if you do have a clear view of the wires, the tree can come down on your house if its root system is weak or compromised by disease or insects. Overexposure to vibrations from driving can also damage cables.
To avoid problems, make sure that any tree branches that might come into contact with your house are properly trimmed every year. To find out if you have any dead or dying trees in your yard, call an arborist who specializes in these issues.
My neighbour damaged my tree on my property in North Carolina
In North Carolina, if you harm someone else’s trees without permission, you are liable for three times the value of the damaged or destroyed trees. Also, if you do damage to his fence by cutting down his trees, he could recover from your insurance company for damages.
If his trees are overhanging your property line or blocking sunlight from entering your home, then you will need to work with him to get him to cut those branches back so that they do not infringe upon your property rights.
My neighbour’s tree roots or branches damaged my property in North Carolina
Even if a tree grows on the property line, you have an obligation to keep your trees and shrubs trimmed or maintained so they do not invade their neighbour’s space. You may also be able to file a claim against them for destroying your property.
Can my neighbour make me cut my tree?
Your neighbour has the right to have a view of his property. North Carolina has what is known as a “right to light” statute that gives your neighbour the right to see his yard. There is also a North Carolina statute that permits a landowner to remove any plant or tree that is “injurious to health or indecent without setting up liability in damages. You are entitled to have an unobstructed view.
You can contact your neighbours and offer to pay for them to have the tree trimmed if this is not something they would be willing to do on their own. If you are unable or unwilling to make this offer, you can hire someone else (a recommended practice) and recover your expenses.
So, until you talk with your neighbour, we suggest you find out if it’s true that he owns the tree. If he really does own it, he can cut it himself or hire an arborist to do the work. And he can ask the city to enforce the bylaw and make you pay for it if the tree dies because of neglect.
How can I get my neighbour to cut his dead tree in North Carolina?
If your neighbour’s tree is on his own land and it is physically, (or in the near future will be) dead, he can do whatever he wants with it.
If they want the tree removed because of the hazard it presents go to http://www.state.fl.us/ and click on Dept of Agriculture, Division of Forestry-Fire Management & you’ll find multiple links to contact them with your concern and request for a determination.
There is no North Carolina law that forbids or requires a homeowner to cut down a dead tree on their property, the homeowner is free to do so.
What happens if I cut my neighbour’s tree down in North Carolina?
North Carolina law requires that you must leave a minimum of three feet of space between your property and any tree. In some cases, this could mean as much as 300 feet.
If you cut down a tree in North Carolina, it’s important to understand the legal consequences.
If you’re cutting down a tree on your own land — which is basically all of the trees in North Carolina — you are not required to obtain a permit from the state. However, if you cut down a tree on someone else’s land, that landowner has the right to file a complaint with the North Carolina Department of Agriculture if they feel you have violated their rights or otherwise damaged their property. If you do nothing about that complaint within 30 days, the state can take action against you. That action can include fines and penalties, as well as possible jail time (up to 60 days) for not having a permit…
If a tree is cut down on my property by a neighbour how much money should I receive in damages?
If your neighbour’s tree is in danger of falling on your property, then they are in fact liable for any damage done by the fallen tree.
Speak with your neighbour, and try to work out a solution that both of you are satisfied with. In some cases, it may be possible to have the tree professionally removed at your neighbour’s cost; other times, you might be able to agree that he remove the branches or limbs that are in danger of falling onto your property.
If you are unable to come to an agreement with your neighbour after a cordial discussion, then you may need to seek legal advice about formalizing your resolution and laying out what remedies will be available if these informal attempts fail.
If litigation does arise from these situations and damages are awarded to the plaintiff, the damages can include but are not limited to medical expenses (if any were incurred), lost wages due to missing work due to injuries from the fallen tree, loss of use and enjoyment of one’s property while the fallen tree has made it dangerous or unusable, increased insurance costs
- Medical expenses (if any were incurred)
- Lost wages due to missing work due to injuries from the fallen tree
- Loss of use and enjoyment of one’s property while the fallen tree has made it dangerous or unusable
- Increased insurance costs