Removing a neighbor’s tree could give you a better view of the ocean or provide more sunlight to your garden.
But those benefits come at a significant cost, according to a Maine real estate law expert.
There have been cases in Maine of someone cutting down, trimming or spraying an herbicide to their neighbor’s trees or other plants without permission to benefit themselves.
Aside from damaging someone else’s property, those actions can reduce the value of someone’s home or take away an agricultural resource. For instance, a tree could’ve lent shade to a backyard patio, blocked the view of something unsightly next door, or grown fruit.
Maine is one of many states that has a detailed legal statute on what a property owner is entitled to if someone else cuts down, damages or moves a tree or other plants on their property, either accidentally or after being told not to, said Peter Hatem, an attorney at Pine Tree Legal Assistance with 41 years of experience in real estate law.
Maine’s tree law is especially comprehensive and ensures a property owner gets the most value for whatever they lost, Hatem said. The property owner can also choose from several different types of damages, and those fees can be doubled or tripled depending on the situation.
One option is the replacement cost of the tree, shrub or whatever was damaged, which can get pricey depending on what was chopped. Mature apple trees, for example, can cost thousands of dollars, Hatem said.
In that case, a homeowner can get a letter from a nursery estimating the value of whatever was cut down as proof of what they’re owed.
“If there was shrubbery close to the house that someone used to hide your oil fill spout — which nobody wants to look at — then they’re going to have to replace that,” Hatem said. “If the person did it accidentally, then the owner gets double damages, and if you told them not to do it and they did it anyway, the owner gets triple damages.”
If the work reduced the value of the home, the homeowner would be entitled to receive the difference from the offending party, Hatem said. For example, if a $500,000 house was valued at $300,000 after a neighbor removed shrubbery on the property, the homeowner would be entitled to $200,000, Hatem said.
Maine has an additional protection if someone discovers trees on their property were harvested for logging without their permission, Hatem said. In that case, someone would be entitled to the value of the trees.
The most important part of getting what a homeowner is entitled to is ensuring they have proof and documentation, Hatem said. The easiest way to do this is to communicate with neighbors in writing, such as via text or email, and be as specific as possible.
“If someone texts you asking if they can trim a tree branch that’s hanging over their fence and you come home and your tree is gone but the text clearly says ‘branch,’ that’s good proof,” Hatem said.
