Can I sue for damages if my neighbor has cut my tree if it encroached past the property line but they cut past their property line by several feet?

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Can I sue for damages if my neighbor has cut my tree if it encroached past the property line but they cut past their property line by several feet?

Asked on August 24, 2019 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

In theory you can, since they damaged your tree on your property, not their property...but what would you due for? You can only recover compensation in a case like this for a provable cost or loss you suffered. If the tree dies due to what they did, you could most likely recover the cost to remove and replace it, but if the tree is otherwise ok and simply lost a few feet of a few branches, you suffered no cognizable (that is, recognized by the court) loss for which you'd be entitled to compensation.


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