Legal Question in Real Estate Law in Nebraska

The neighbor cut my tree down .

My neighbor has cut down a tree that lies half on his property and half on mine. I did not give consent for this to be done, either written or verbal . He has put most of the limbs in my yard and driveway , which I will have to pay the cost to have removed. Can I take him to court for the cost involved in the removal of this and can I sue him for the cost of the tree? The tree was over 70 years old and not in bad shape. It provided shade in the summer for my house. Where can I find information on cases such as this ?

Asked on 4/22/98, 3:35 am

1 Answer from Attorneys

What do you mean half on his and half on your side?

Where was the trunk of the tree? Was it on both sides when he bought his property?

By the way, did he ask or tell you or otherwise announce his intention before he did that?

Was the tree dead or dying? Was it diseased? Did its branches pose a danger to his safety in some way? (Would the next storm have caused a limb to drop onto him, his guests, his family, his dog or his house?) -- Don't suggest any of these things, the danger or the disease, to him in advance -- wait for him to raise that issue himself if this goes anywhere.

I don't know your state's laws but it just seems to me that this would be "actionable" -- that you could sue him for the loss of the shade et al. you got from that tree, for the property damage that he did. You might even have a stronger case for making him pay for the debris removal, but that, too, is local law and I cannot speak for your state's laws, sorry.

Good luck and sorry to hear about the loss of your old friend.

This message is provided to assist you in structuring your thoughts when you speak with an attorney about your situation. I am not your attorney, and you are not my client, so this is not legal advice. Legal advice can only be given after a careful interview of the client by the attorney, and I have not had the opportunity to understand the significant issues that I must understand to render legal advice. You should contact an attorney in your state to discuss your situation. That attorney can give you the advice that your situation deserves, after carefully considering the issues that are legally significant in your situation.

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Answered on 5/12/98, 10:03 am

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