Legal Question in Real Estate Law in West Virginia

Backyard Tree Situation

I've seen conflicting answers here regarding our situation. We have a old tree rooted in our yard, with a huge limb that branches over the neighbors yard. I have told the neighbor that he has the legal right to remove it if he sees fit, yet he insists that we have it removed. He is fearful of it causing property damage. Furthermore, he has since been dumping tree branches and twigs from his backyard into ours. Whose to say they are all from the tree in question. In any case, if he has the right to cut the tree above his property, and does not, am I responsible for subsequent damage, as well for for the removal of his brush?


Asked on 8/27/02, 1:20 pm

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

Re: Backyard Tree Situation

Generally speaking, one cannot go on to another persons property and cut down a tree. In fact, if done intentionally, the landowner is entitled to triple damages. An owner, of course, could give consent to remove a tree, but it ought to be the subject of an agreement with liability for risk of mishap allocated according to what the parties may agree to, however, it is hard to see liability on the owner who allows the neighbor to come on to the premises to cut down a tree. The neighbor, in my opinion, does have the right in W.Va. to cut overhanging branches. Trees, you gotta love them.

Read more
Answered on 8/28/02, 7:02 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in West Virginia