Has anyone ever been paid for a damages for an illegally downed tree? My neighbor recently cut down my 50 foot oak tree. I am not pro suing people, especially neighbors, but I did lose a much loved tree. Irreplaceable. curious if taking legal action would be more of a headache than worth it….

More of a headache and costly. Unless the state of NY does like Texas and the tree is a protected entity of the corporations in the area. Has to be permitted to cut, but not sure what permits would have been needed or found.

It is definitely worth checking to see whether trees are protected in your area.

Oh that is such a bummer! Do you know why this happened?

Yes! You should go through the effort to secure restitution for such a significant valuable resource.

There is a perfectly objective valuation formula quite often used by certified arborists: the International Society of Arboriculture has generated The Guide for Plant Appraisal, 10th Edition. The appraisal system is the standard for determining a tree's value for insurance or lawsuit purposes, and withstands testing in the court system. It is not necessary - but additionally helpful - if trees are additionally protected by law/statute in your area.

https://www.isa-arbor.com/News....

I work for local government in Kentucky, and the local parks department has valued and successfully secured restitution many times through claims with automobile insurance companies and even with local utility companies which damaged or unnecessarily removed trees. Your tree may be worth upwards of $50,000 - depending on a variety of factors including health/condition, species (Quercus sp.), size (50 feet tall, circumference, etc.), and location. More people today are expounding on the environmental and ecological services that such mature trees provide - which you and your neighborhood have now been deprived of. These include stormwater management (big old trees have a tree-mendous amount of surface area to get wet, and they absorb and use groundwater through their roots); habitat for many birds/mammals; food source for many insects/birds/mammals; and environmental mitigation for heat/sunlight (shade) which translates to energy saving for homes, and deflection/reduction in wind effects. There are likely many more items that could be listed in this regard, but are harder to quantify for compensation - such as history, nostalgia, and beauty.

If you have documentation - recent photographs of the tree, receipts from work done by licensed professional arborists, or testimony from same - that will make it far more likely to demonstrate the loss and win such a case. You should also seek the counsel of such a professional arborist (and/or attorney) for similar cases and the proper approach to be successful.

Minimally, one should document the loss - and impress upon all that will listen what big old trees are worth, and that their loss should NEVER be taken lightly. Become (and train up) a community advocate for trees, and always argue against unnecessary, ill-considered, or casual removals simply because the trees have no (audible) voice.

How and why would a neighbour cut down YOUR tree in the first place?

@ViburnumValley - Aren't there other factors to consider, like if the tree was creating some hazard or danger to the other property owner? I had a tree taken down that was leaning towards my neighbor's house, and another one that was dropping large limbs onto a busy street. Even a tree putting someone's house into deep shade creates problems like mold and rot. Wouldn't a court consider all of this too?

Who was there first, the tree or the neighbor?

lovetogarden1 said: @ViburnumValley - Aren't there other factors to consider, like if the tree was creating some hazard or danger to the other property owner? I had a tree taken down that was leaning towards my neighbor's house, and another one that was dropping large limbs onto a busy street. Even a tree putting someone's house into deep shade creates problems like mold and rot. Wouldn't a court consider all of this too?

I guess a court can't consider any of that since the neighbor already cut it. I'd sue them. I'd never put up with a neighbor who didn't keep in his place. Now, without knowing the circumstances, maybe there is more to this, but how do you cut down a tree that is not yours and just think that is okay

@sj6x OMGoodness.. I can certainly identify with the loss of a loved tree. Had a similar experience last summer and lost two very rare understory trees I started from seed. And 5 others butchered by the 'Bucket Trimmers ' , now they are on my 'Bucket List' .

It seems unconscionable that any neighbor could legally cut a tree of that age and on your property without at least informing you . If it was NOT near power street lines . If near power lines the city can send out the 'Bucket Trimmers' to remove the tree free. Usually power company Bucket Trimmers will just totally butcher trees enough to clear the power lines then leave them to a slow death if more that 1/3 of the tree is removed at one time. Tree trimming 101.
If illegally cut down for any other reason then take them to small claims court. Be sure to have pics before and after and proof that the tree was not diseased , over grown with many crossed branches , or a threat to any property near by.

It is definitely heart breaking. Sending your way.

Why was this tree cut down? Neighbor throwing his weight around??