Table of Contents
- My neighbour cut my tree in Ohio
- What happens if I cut my neighbour’s tree down in Ohio?
- If a tree is cut down on my property by a neighbour how much money should I receive in damages?
In Ohio, the law does not allow a neighbour to cut down or remove any branches or roots that extend over the property line. If your neighbour has, in fact, cut down your tree, you can sue him for the value of your tree.
You should have something from a tree-trimming service indicating what the value of your tree was. Take this information to the court, and you may be able to recoup your loss.
My neighbour cut my tree in Ohio
In this case, the owner of the tree is responsible for it, even if it’s on another’s property. The responsibility doesn’t end with “what happens if it falls down” but rather “what happens if it falls down and causes damage”.
If your neighbour’s tree damages your property, you can sue him/her for the cost of fixing the damages. To get compensated, you will need to prove that your neighbour was negligent in maintaining his/her trees — that he/she should have been aware of the risk they posed and taken action to prevent it.
You can also recover damages if the tree is just a nuisance or its roots are interfering with your property. You can ask the court to order your neighbour to remove or trim any part of his/her tree that is encroaching on your land or to award you money for any loss you have suffered.
My tree branches overhang my property in Ohio
The tree branches are overhanging my property. I want them cut down. I wrote a letter to the neighbour and never received a response. Also, there is a large dead tree that needs to be removed from their backyard. What legal recourse do I have?
There are two issues; one is the trees overhanging your property and the second is the dead tree on their property. You should hire an arborist to inspect the dead tree and give you an opinion about its condition and any risk it may pose to your property. If there is no risk then this issue would be moot, other than it being unsightly.
My neighbour damaged my tree on my property in Ohio
A tree is generally considered to be a fixture, that is, something that is attached to the land and becomes part of the land. A tree belongs to the owner of the land on which it stands, even if the roots extend into the adjoining land. A person does not own the trees on their property in any absolute sense but rather has qualified ownership limited by a number of factors.
A person may not intentionally damage or destroy someone else’s property (including a tree) without liability for so doing. However, there are several common law defences which may apply in this situation. The most important of these is self-help.
My neighbour’s tree roots or branches damaged my property in Ohio
If your neighbour’s tree roots or branches are causing damage to your property, such as to a wall or fence, you can make a claim against your neighbour. However, if their tree is not causing damage (for example, the leaves are just falling into your garden) they do not have to do anything.
You should speak to your neighbour first and ask them to consider cutting down their tree. If they refuse and you have to take them to court, this will act as evidence that you tried to resolve the issue in a friendly way first.
If speaking to your neighbour does not work and the problem continues, then you can make a claim against them for damages in court. If there is any dispute over who owns the tree then you can use a Land Registry map search to find out who the registered owner is.
Can my neighbour make me cut my tree?
You have no legal right to prevent your neighbour from cutting down his or her tree. Nor do you have any right to compensation if the branches hang over onto your property.
However, you may be able to force your neighbour to remove the branches and let in more light. This is known as a “right to light”.
If you are affected by a tree or hedge that blocks out light, you could get an injunction to make your neighbour cut it back, or even have it removed altogether. However, this can be costly and time-consuming, so it’s best to try other options first.
How can I get my neighbour to cut his dead tree in Ohio?
In Ohio, you are allowed to cut branches that overhang your property, so long as you do not trespass or damage the tree. You are also entitled to reasonable use of sunlight – but this is a tricky area of law. A tree owner does not have to trim their trees to allow sunlight into their house if it will damage the tree.
If the whole tree is dead, then it can be cut down. If it’s only part-dead, then you may need to wait until the tree dies before cutting it down.
What happens if I cut my neighbour’s tree down in Ohio?
In Ohio, if you cut down your neighbour’s tree, it is considered private property and you are liable to pay damages. The law states that you can cut down a tree without permission if it is on your property. However, the tree must be removed at the owner’s expense. If you think your neighbour’s tree is in danger of falling into your yard, you can call an arborist to determine if it needs to be cut down.
If a tree is cut down on my property by a neighbour how much money should I receive in damages?
If the tree was on your property, you should be able to recover the full cost of the replacement of the tree. If it is an ornamental tree, courts generally award money equal to the cost of a similar tree, or if none can be found, the amount that would be spent to replace it with an evergreen.
If you have any documentation that shows the value of the tree (a written appraisal), bring it along. If you don’t have any such documentation, ask for quotes from one or more landscaping companies for replacing the tree.