What can I do when landscaper cut out my tree by accident

UPDATED: Oct 1, 2022

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What can I do when landscaper cut out my tree by accident

The landscaper should be cutting my neighbor’s tree, instead that he mistakenly took down my tree. He mentioned that he will replace a new tree smaller size into same spot but unwillingly remove the root from the tree he took down. Is there something that I can do?

Asked on September 12, 2018 under Real Estate Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can sue him. When someone damages or destroys your property negligently, or carelessly--like by accidentally cutting down the wrong tree--they are liable, or responsible, for all costs to repair or correct what he did. You could sue him for the cost to remove the roots; replace the tree with an equal-sized or -maturity one; and patch, etc. the lawn. Of course, litigation has it's own costs, in time, in effort, and if you hire a lawyer (rather than representing yourself) money: if he is willing to do most of what you want withoout having to sue him, you may wish to consider accepting that rather than taking legal action.

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