Am I Responsible
For Replacing a Tree?
Question: Am I in trouble because I cut down my neighbor's tree? We both have large lots and the tree in question was near the boundary of my lot and was obscuring my view. These are vacation homes and my neighbor is rarely there and I didn't think he would notice or mind. But, as soon as he came back, he saw the tree was down. He even has a picture of it! He is demanding that I replace the tree. Must I do this?
Q&A: Should we buy a home as soon as possible?
Answer: You're correct, you are in trouble. You can't cut down your neighbor's tree without his or her permission (preferably in writing). In most cases, you can't even trim it, unless it's just to trim branches that hang over into your yard and your trimming does not damage the tree. Some states even have enacted laws specifically to protect trees. In California, for example, where your property is located, a law was enacted many years ago to protect owners of large timber tracts from tree poachers. Unfortunately for you, it has been applied to residential properties. Briefly it states that if you cut down your neighbor's tree, you are liable for up to three times the cost of replacing it. I suspect your neighbor will want to get a very nice (expensive) new tree.
If I were you, I would eat humble pie and offer to replace the neighbor's tree at your expense. If your neighbor accepts your apology, it might save you a lot of money in penalties.
Mr. Irwin has more than 25 years' experience as a Los Angeles-area real-estate broker. He is the author of more than two dozen books about real estate and is recognized as one of the most knowledgeable writers in the real-estate field. Mr. Irwin's most recent book is "Buy Your First Home," (Dearborn, 2000).
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Marc, Sacramento, Calif.
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