My neighbor cut down some trees in my yard, without consent. What am I able to do about it?

Question

What had happened it the neighbor didn't want to destroy his land but since I have over 5 acres, he thought making a path way through my land was okay. He cut down 3 large trees and made a large enough path that a bulldozer could fit through it. I heard the bull dozer one day while I was cutting grass and went to investigate. What recourse do I have? His insurance company is contacting me but I don't think they are going to be fair. Thank you

Answer 1

You can always sue for damages, but you must know the 'real' value of the trees plus the damage to your land. One method would be to appraise what a "complete restoration" by professionals would cost, and then demand that amount from his insurance company along with a copy of the hard data proving the damages. They will likely jerk you around and try to undercompensate you, but sometimes they will pay you just to get you to go away.

Keep in mind that if you hire an attorney, you'll be giving about 40% to them, plus costs. If you have suffered $10,000 in damages, you'll only get about $6,000, after you pay your attorney. So if the insurance company offers $6,000, it's a no brainer to accept, and even 4 or 5 thousand might acceptable when you consider the amount of time and energy you'll have to invest to recover that money. It's all about where you feel like min-maxing your compensation. Some lawyers will try to lure you in with the lure of big bucks in terms of punitive damages. Punitive damages are harder to get and are unreliable. Going for punitive damages is more appropriate in situations where repeated violations have occurred and/or the parties involved refuse any culpability in the matter.

Photograph everything, get an unbiased and documented assessment of damages, and make copies of all correspondence and offers. Don't sign too quickly, because if they are overly quick to make a deal, it's only because they are trying to rip you off. Insurance companies don't stay in business by paying out policies, and they will do almost anything the can the underpay, delay payment, or flat-out refuse to pay.

Answer 2

Very few animals will remain in a tree when it is being cut down. And if there is that much wildlife in your neighbor's yard, then there is a overpopulation issue that needs to be dealt with - sorry to say, but some of them would need to go. Animal overpopulation can actually lead to disease among the animal kingdom, wiping out the species. So it's actually better to, ah, exterminate a few Thumpers and Bambis for their own benefit, seeing as how they don't have their own Planning and Zoning Commission to prevent such overpopulation. Animals such as rabbits and squirrels adapt to environments quite easily, so the home issue shouldn't be a problem. Getting over the death of an animal, well, I can understand that it may be difficult. But with the said abundance of wildlife that you have, how will you know the difference? And not to sound rude or sarcastic, but when will someone start the Plants Rights Movement, and start protecting our lettuces and tomatoes, or even the rare hybrids that we are breeding in the plant world? Maybe put a stop to this genetic tampering, because that's more of an issue than wildlife - you can get almost any wild animal from the woods in top condition, but where are you going to find a salad or good strawberries and peaches when they start pumping those full of the genes of half-dead salmon? for some unknown reason - possibly to prevent overwatering. Think about it, people!

Answer 3

Small claims court. Check first to see what the value of the trees would be and then check the court to see the limit they set on claims. First listen to what the insurance co has to say. Don't sign anything or agree to anything on the phone or in person. Get somone of your own to estimate the damage via yellow pages, etc. You can be reimbursed for the cost of someone coming to look at the trees in small claims court. And might I add, what was your neighbor thinking? I guess he wasn't.

Answer 4

You've got several criminal charges, plus a few civil ones. Criminal trespass, destruction of property, vandalism, are just a few of the criminal ones. The DNR could probably give you a few more. The old stand-bys, pain and suffering would be a start a civil case. In some countries (Germany being one), he would have to pay you for the mature value of the trees, AND replace them with saplings. Go get him! Start by filing charges. If you get an attorney, get one who will work on a contingency basis. The more you get, the more he/she gets, then you know they will work to get you a fair settlement.

Answer 5

You can definitely sue him for damages. He will have to pay for the value of the trees and the land the bulldozer crossed.

Your neighbor is an idiot.

Answer 6

1st as stated above go to police and file a trespassing charge against your neighbor plus a will full destruction of property charge

Then file in small claims for value of tress plus replacement and go right out and replace the trees

Answer 7

Sue!!! In Pennsylvania, damage to trees is worth 3x the value. You would need to hire an arborist to determine the value.

Answer 8

You need to get a lawyer on your side in this one. Don't rely on his insurance company being fair with you.

Answer 9

Get a lawyer and bring him up on charges of destruction of private property.

Answer 10

my immigrant neighbors next door white washed 3 trees in my back field of my house, they think they are in their yard, now i have white based trees i have to look at, they think i am wrong to even bring it up, no apology, trees are serious and owning property is serious, SUE!