My Neighbor Chopped Down My Tree!

Recently, I had a client contact with this fact pattern. It probably is not so uncommon for this to occur and in my 25 years of practice, it is the 2nd time I have had to deal with this issue so I immediately knew how these things play out.

First, you need to know that when you sue for the loss of a tree, you are either seeking replacement cost (which for a tree can be significant) or difference in value of your property with and now without the tree (which is negligible).

Second, you need to evaluate if you qualify for replacement cost damages and this usually occurs when one or two facts are present:

1) The tree is of special value in some way such as your great grandfather planted it and it provides the sole source of privacy between you and your neighbor and you read under it almost every day.

2) Intent of your neighbor - If, e.g., your neighbor knew it was your tree, say he jumped your fence to cut it down, then Courts may award replacement value damages to deter such conduct.

In short, if your neighbor accidentally cuts down one of a hundred of your trees, then you may not want to go after them legally (or you may if you do things on principal). However, if it is a special tree and/or your neighbor is a true villain, well then that may indeed make a lawsuit worthwhile.

So, if this happens to you please feel free to call me and let's discuss together your options.