My neighbor who lives behind us has a pool & didn't like our Elm tree that was on my property but close to the property line. He told me last year that he was going to cut every single bit of my tree down that was leaning ( the trunk) into his property. This tree provided us shade and was pleasing to look at. I told the neighbor he could cut what only was overhanging his pool. He olbliged last year and only cut that portion. Today, I came home and almost my entire tree is gone! He hired someone while I was at work, never notified, or asked us in any way. That person climbed my tree and cut it bit by bit to where I only have a 12' stump left of my 100' Elm tree. This tree will die now. Is he liable? He trespassed on my tree. He did not ask. I want to sue or find him criminally liable. Help!
There is actually a Washington statute that makes it illegal to go onto another persons property without permission and remove timber. So yes, it sounds like you have a valid trespassing claim against your neighbor and/or the guy he hired to cut down your tree. This might be best suited for small claims court, however, as your overall monetary damages will probably not be great enough to be worth paying an attorney to litigate it for you.*
*This answer is not intended as legal advice but merely general legal information. This answer is not intended to create an attorney-client relationship, and no such relationship has been formed as a result of this communication.
To add to the previous poster's good comments, Washington's timber trespass statute provides you can sue for treble damages and reasonable attorney fees, which makes it more worthwile to pursue. It isn't a crime, it is a civl matter. Look in RCW Title 4, under Special Causes of Action. Hope this helps. Elizabeth Powell
In Wisconsin, you can trim any part of a neighbors tree, bush, etc. that is hanging over your property. HOWEVER, you are generally not allowed to trim so much as to kill the item. If this case were here, clearly, they went WAY OVERBOARD, and not only trimmed so much as to kill or essentially kill the tree, they are only allowed to trim the OVERHANG, (so unless the sump iteself was on neighbors' property making it his tree,) he overreached there as well. As was mentioned you will generally only get the fair market value of the tree, but maybe you can convince the court that heating, cooling, costs etc until a new tree can mature should be included> But don't count on getting any emotional damages.
In Florida the neighbor's actions would support actions for both trespass and civil theft. Clearly he and his contractor entered your property without your permission and climbed your tree (property) without your permisison. That is the essence of trespass. Your earlier agreement set the limits of his right to trim your tree. Trees on residential property have value and that value is susceptible to appraisal. You would probably have needed a permit and permission from the local government to remove your own tree.
Under the concepts of civil theft, you get both treble damages and attorney fees. If your neighbor (or anayone else) "uses or obtains" the property of another, and either temporarily or permanently deprive them of the use and benefiot of that property, you, as the owner, can collect three times the value of your loss. From the description, the neighbor so far exceeded what a reasosnable person would have thought they were licensed to do that you have a probable winner in civil court.
