Legal Question in Real Estate Law in New Hampshire

Hello

I have recently cut down a tree less than 12 inches away from my property line on my neighbors property. More than half of the tree was overhanging on my property not just the branches. Most of the tree was dead and I wanted to cut it before it came down. I heard if the tree is within five feet of my property line I can cut it down. Is this right? It is not near the house. I live in New hampshire. Am I in the wrong or did I have the right to cut down the tree. This tree in my mind could have been a hazard with my three year old who plays in the yard.

Scott


Asked on 3/28/10, 2:35 pm

1 Answer from Attorneys

You have SERIOUS exposure on this one, both civil and criminal. You may be subject to a lawsuit for trespassing onto your neighbors property and for cutting down one of hisor her trees; from the civil side, your neighbor has a right to sue you for 3 to 10 times the cost of replacing the tree. From the Criminal side, you could be facing a class B felony

New Hampshire Statute 227-J:8 Trespass; Civil Penalty. �

I. No person shall negligently cut, fell, destroy, injure, or carry away any tree, timber, log, wood, pole, underwood, or bark which is on the land of another person, or aid in such actions without the permission of that person or the person's agent.

II. In addition to any other civil or criminal penalty allowed by law, any person who violates the provisions in paragraph I shall forfeit to the person injured no less than 3 and not more than 10 times the market value of every such tree, timber, log, lumber, wood, pole, underwood, or bark cut, felled, destroyed, injured, or carried away.

New Hampshire Statute 227-J:8-a Trespass; Criminal Penalty. �

I. No person shall recklessly cut, fell, destroy, injure, or carry away any tree, timber, log, wood, pole, underwood, or bark which is on the land of another person, or aid in such actions without the permission of that person or the person's agent.

II. A person who violates the provisions of paragraph I shall be guilty of a class B felony if the loss is greater than $1,000, or a misdemeanor for any other loss.

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Answered on 4/03/10, 3:47 pm


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