A homeowner recently turned to the r/treelaw subreddit after they suspected someone deliberately killed one of their trees.
"My neighbor hated my giant oak tree. Now it is dead and there are 3 holes drilled at the base," they wrote. "Do I sue?"
They continued: "It went from perfectly healthy to entirely dead in one year. I'm pretty sure that it was poisoned."
The situation was far from straightforward, however, as the Redditor noted that they would be selling the house in two weeks, and the buyer had waived the inspection. Furthermore, they did not see the neighbor commit the crime.
"You need to prove damages to have a successful lawsuit. With the sale looming, you would need to prove that the house sold for less than it should have because of the dead tree. If you can't prove that, you're probably best off not proceeding with a claim," one commenter responded, adding that the original poster would need an arborist to evaluate the holes and test for herbicides.
"Get in contact with your states department of agriculture. They are in charge of policing herbicide use," another person said. "They will take samples from the tree and find out what killed it and then talk to potential perpetrators (your neighbor). Then you can contact law enforcement if the department of agriculture doesn't."
Several users referred to a case in Maine as a precedent for the OP, as a couple paid $1.5 million in a legal settlement and thousands of dollars in fines to the state after they poisoned their neighbor's tree.
Disputes over trees are common, as homeowners have dealt with people trespassing on their land or damaging a tree beyond repair out of negligence. And just like these examples, the actions of the OP's neighbor extended far beyond a petty disagreement over property lines if they poisoned the tree.
According to the U.S. Geological Survey, bigger, older trees are more effective in removing pollutants from the atmosphere than younger ones and play a "disproportionately important role" in carbon sequestration. Trees help combat the urban heat island effect, provide shelter for local fauna, and purify our air and water.
Should you ever find yourself in a similar situation, remember to document in as much detail as possible the conflict and contact local authorities.
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