Table of Contents
- My neighbour cut my tree in Rhode Island
- 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 Rhode Island, there’s no specific law that prohibits your neighbour from trimming or cutting down limbs overhanging his property line, but he can’t go onto your property without your permission.
Several other states have laws that allow an owner of land to cut back tree limbs or roots overhanging onto their property as long as they do not trespass onto the adjoining landowner’s property. These are called self-help statutes. However, these statutes usually require the adjoining landowner to make a reasonable effort to notify the owner of the tree by registered mail or personal service, before taking any action. Your neighbour has no such obligation under Rhode Island law.
As for tree roots extending into your neighbour’s yard, tree owners are not liable for damages caused by surface roots unless they were planted knowing that they would damage adjacent land.
My neighbour cut my tree in Rhode Island
In Rhode Island, there is a statute that governs the removal of trees. It is not the same as in other states, so it is important to understand how the law works.
The tree must have been on your property, not on his. If it was on his property, he could cut it down. If a branch overhangs his property, but the trunk is on your side of the line between you and him, he has no right to cut it off; he does have the right to ask you to trim the branch back.
If the tree was on your property and you told him not to cut it down, then he has committed criminal mischief by cutting it down or damaging it. He could be arrested for this crime and charged with a misdemeanour or felony depending on whether the damage is less than $500 worth or more than $500 worth of property. There are enhanced penalties if he did this in retaliation for something that you did or threatened to do, such as calling police about noisy parties or parking issues with his guests.
My tree branches overhang my property in Rhode Island
When property owners cut down trees that are about to fall, the immediate impact is usually minimal. But property owners who cut down trees that have already fallen onto their properties are asking for trouble.
If your tree branches overhang your property and you know it’s going to fall, call a professional tree company and have it removed before it does any damage.
Some of the most common situations in which trees fall on houses include storm damage, poor shrubbery or other landscaping or construction. The worst is when a tree falls into a house without the owner being aware of it.
In these situations, people often think the only option is to remove the tree themselves. They may ask friends or family members to help, but that can be pretty dangerous. If you’re not trained in how to safely work around power lines and electrical systems, calling an electrician might be your best bet.
My neighbour damaged a tree on my property in Rhode Island
In Rhode Island, if a tree is on one’s property, the owner of the tree has the right to remove the tree and any part of it which hangs over another’s property. If any part of the tree hanging over another’s property is cut by the owner of that property, he or she is liable for damages. However, if the tree is damaged by natural causes, such as wind or lightning, there is no liability. [Rhode Island General Laws 31-2-4]
If a neighbour’s tree limbs or roots encroach onto your property, you have a legal right to cut off only enough to end the encroachment. You do not have a legal right to remove more than enough to end the encroachment.
My neighbor’s tree roots or branches damaged my property in Rhode Island
If your neighbour’s tree or its roots are encroaching onto your property, you may be wondering what to do. In Rhode Island, the owner of the encroaching property is liable for any damages. However, if the roots or branches of the tree are only on your land and not causing any damage, there is little you can do unless you wish to retain an attorney and sue the owner of the tree in court.
Can my neighbour make me cut my tree?
There are no laws stating that you have to cut down your tree in order to prevent roots from growing into your neighbour’s property. However, you could be held liable if the tree causes damage to your neighbour’s property. It is important to be aware that not all damage caused by a tree is covered.
The courts look at many factors when handling cases involving damaged property caused by trees. If a large tree grows close enough to the boundary with a neighbour, and the roots spread into their garden, is the landowner responsible? It depends on whether or not they are aware that this is happening. Most people understand that large trees need space to grow and spread their roots as well as bear weighty branches in all directions.
How can I get my neighbour to cut his dead tree in Rhode Island?
If the tree is growing on your neighbour’s property, then your neighbour owns it. Rhode Island law allows a person to trim any branch or root that grows onto her land. You can do so yourself, as long as you don’t trespass onto your neighbour’s property in the process. However, be careful not to cut anything that isn’t actually on your land. If you cut something that’s still on your neighbour’s land, you could be liable for damages.
What happens if I cut my neighbour’s tree down in Rhode Island?
In Rhode Island, generally speaking, a neighbour is free to cut down a tree that hangs over the property line between him and his neighbour. However, he must return the fallen wood to his neighbour unless he has an agreement with the owner of the felled tree that allows him to keep it.
In Rhode Island, neighbours can cut down trees that cross property lines without the permission of the owner of the tree. This is known as pruning or lopping. In Rhode Island, if a neighbour cuts down a tree on your property without your permission, you can file a lawsuit against him for trespass and destruction of property.
If a tree is cut down on my property by a neighbour how much money should I receive in damages?
If a tree is cut down on your property by a neighbour without permission, you have the right to sue that neighbour to recoup costs. But legal action may be difficult or impractical, so many people choose to work out a settlement on their own.
If a tree falls as the result of inclement weather or disease, you may not be able to hold your neighbour liable for damages. In most cases, however, you can take steps to recover the value of the tree and any other expenses associated with its removal.