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Penalties for Cutting a Neighbor Tree Down Depending on the circumstances, an laser cut metal art trees who decides to forego the laws of property ownership and cross these lines in order to damage or cut down another owner's tree or trees can be charged with criminal trespass with intent to damage treecutter.barted Reading Time: 3 mins. May 10, No. Poisoning your neighbor’s tree roots, even when they are well within your property line, can destroy the whole tree.

If you destroy your neighbor’s tree, you could be held liable for the value of tree or more. In the case of Withdraw v. Armstrong,a Texas court awarded a tree owner 5, in damages for the destruction of his tree. Cutting a neighbor’s trees without that neighbor’s knowledge or consent will only lead to un-neighborly disputes that might lead you to court.

If the pruning makes a drastic difference in the tree’s appearance or health or your tree care provider needs to access your neighbor’s property, the tree owner must be made aware of this action and sign off on it.

The first thing you need to know is that where the roots are, the rights are. In other words, if a tree trunk is partly on your property, that means you are a part owner of the tree. If the trunk is in your neighbor's yard, but the branches extend onto your property, the law of overhanging branches typically allows you to trim the tree.

In California although you may trim back branches which invade your airspace, you cannot legally cut down or harm your neighbor’s trees without beforehand obtaining a court order, or you may be liable for double or treble damages to your neighbor [Civ.C ]. Sep 12, If the trunk of a tree is located in your neighbor’s yard, but branches extend onto your property, the neighbor is the legal owner of the tree.

That means you can’t cut it down, but you do Estimated Reading Time: 3 mins. Instead, the neighbor can go ahead and trim the tree himself. In some states, however, neighbors may sue under certain conditions, including: If the tree encroaches onto the neighbor's property, the neighbor may sue to make the owner cut the branches, even if no damage has been done.