While some states allow a homeowner to sue if the neighbor`s tree has caused significant damage, the general rule remains that the owner`s most viable solution is self-help. Colorado appellate courts have not yet issued an opinion on whether or not a neighbor can sue the owner of a healthy tree. If all else has failed and you are determined to try to continue, the damage from invasive branches or roots must be severe. If you are looking for a court order ordering your neighbor to prune the tree, the lawsuit must be filed in the district court and you must hire a lawyer. However, if you are seeking damages of less than $7,500, the lawsuit can be filed in Small Claims Court. Before suing your neighbor, write a claim letter explaining the damages and the law. A Small Claims Court judge will want to see that such a letter has been sent, and perhaps explaining the law to your neighbour will prompt them to pay you for your damages. In this case, you can avoid the courtroom altogether! Be prepared to prove the following: 1) The person you are suing owns the tree; 2) its branches or roots have crawled beyond the property lines (photos showing branches extending into your property are the best proof of this); 3) you have informed the owner of the tree in writing of the problem; and (4) damage caused by the tree. Invading trees can pose a serious threat to your property and safety, so it can be easy to get upset at first. However, since your rights are not well established in Colorado, it is VITAL that you do not act impulsively. I hope you have a good relationship (relatively) with your neighbor.

If so, talk to them. You could even bring them a cake or something. This should be a friendly process, because in the end, it`s just a tree. Explain why you think the tree needs to be cut or removed and ask what the neighbour thinks about the situation. «I grew up in this neighborhood,» she says. «I lived in the house (cat corner) that was demolished.» It is important to note that Colorado law prohibits a homeowner from removing trees on adjacent property without the permission of the owner of that property. If you remove your neighbour`s tree without permission because it poses a direct threat to your home, you may be held liable for damages in civil court. You should consult an experienced personal injury lawyer before taking legal action in this matter. You make a birthday cake and suddenly realize you`re missing a cup of sugar. The reality is striking.

Previously, your neighbor was happy to provide you with the missing ingredient, but now. Since the «branch-branch incident», you no longer speak to each other. The branches of your neighbor`s old maple had spread across your neighbor`s property line and had begun to grow against your garage in a rather threatening manner. You had approached your neighbor with your concerns, but the normally rational man was very excited about the possibility of pruning the majestic tree and refused to discuss the matter further. So you took matters into your own hands and cut off the offending branch. Now, even if your garage is safe, your once warm relationship with your neighbor has deteriorated. Was there a better way to remedy this situation? What rights did you have? What should I do as a homeowner if I think a neighbour`s tree is a problem? The legal principle protects individuals from prosecution for an illegal act if they have not actually damaged the property in question. This principle applies unless the person does something to harm the property of others, for example: to cut down a tree on a piece of land where it is clear that he does not have the right to cut down the tree. Even if a tree grows at the property line, you need to keep your trees and shrubs cut or maintained so they don`t invade your neighbor`s space. You can also sue them for destroying your property. Walking on trees is a civil offence and not punishable.

So if your neighbor cut down the tree on your property, you can file a civil lawsuit for trespassing. The civil laws of the state of Colorado allow a landowner to sue for damages for trespassing on his land. This damage may include the cost of the tree as well as other costs incurred as a result of its removal from the property. Last spring, the case was again brought before the District Court, which, for our taste, seemed a little too much in love with the cyclist and too disdainful of the USAFA management.