Utah Law on a Neighbor's Tree & Fence Damage

As with any private property in Utah, homeowners who suffer damages to trees or fences on their property may be able to hold a neighbor liable for damages if that neighbor's actions resulted in the damage.

Fence Damage

• Utah code states that anyone who willfully takes down someone else's fence is guilty of a class C misdemeanor and is liable for damages that happened as a result of that act. If a neighbor causes damage to someone else's fence through negligence, the neighbor can also be held liable for that damage.

Tree Damage

• According to Nolo.com, a website that provides legal advice, the basic rule is that anyone who cuts down or damages another person's tree without the owner's permission has to pay monetary compensation for the damage. The tree owner can sue to enforce that. Many states entitle a tree owner whose trees have been deliberately damaged to collect two to three times the value of the damage from the liable party; this is to discourage illegal logging operations. Utah does allow for damages above the actual monetary value.

Acts of God

• If the damage is outside the neighbor's control, such as a healthy tree coming down on a neighbor's fence during a storm, the tree's owner will not generally be held liable for the damage to his neighbor's property.