Join LawGuru Now.

Cutting down a tree on another person’s property without permission is trespass and carried a stiff penalty. In Minnesota, whoever intentionally cuts down a tree without the owner’s permission can be assessed three times (“treble”) the amount of monetary loss suffered by the tree owner.

3 Tip: Don’t engage in stealth tree-cutting when your neighbor has gone on vacation. You’re setting yourself up to File Size: 49KB. May 19, If the unhappy neighbor doesn’t want to remove the encroaching portions of the tree himself, he can file an action to recover damages caused by the tree and/or to seek injunctive relief (i.e. a court order requiring his neighbor to take some action regarding his tree.) A neighbor’s tree cannot generally be removed because it blocks a view.

The legal theory is that the dangerous tree is a"nuisance" because it is unreasonable for the owner to keep it and it interferes with your use and enjoyment of your property. You can ask the court to order the owner to prune or remove the tree.

The legal theory is that the dangerous tree is a"nuisance" because it is unreasonable for the owner to keep it and it interferes with your use and enjoyment of your property.

You can ask the court to order the owner to prune or remove the tree. You'll probably have to sue in regular court (not small claims court) and have proof that the tree. MGL c. 49 § 21 A fence or other structure in the nature of a fence which unnecessarily exceeds six feet in height and is maliciously erected or maintained for the purpose of annoying the owners or occupants of adjoining property shall be deemed a private nuisance.

MGL c, § 1 Public shade trees; treegrind.bar trees within the public way or in the boundaries thereof shall be public. In California, trees belong exclusively to the owner of land where the trunk of the tree is located, even if the tree’s roots or branches extend into another person’s property. However, to the extent that they grow into or above a neighbor’s property, encroaching branches and roots belong to the individual upon whose land they.