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Neighbor trespassed and cause intentional damage to property

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Lp1963

Junior Member
What is the name of your state (only U.S. law)? Kissimmee, Florida
My neighbor hired a crew to go inside my property to cut 1/2 of a 20 years old Oak tree that is in my property without my permission. He claimed that the Home Owner Association gave him the permission to do so but it turns out that the Home Owner Association only allow members of the community to cut branches that overpass the property line but no to go inside someone else property to cut branches. In addition, none of the branches of my tree were over his property line because I trimmed it back on July this year to avoid any problem with that neighbor in particular. The thing is that my neighbor hates the leaves that falls on his site of his property during the falls and winter seasons. I called the Sheriff Department but the deputy refused to write a complaint against my neighbor for trespassing and destroying a property because that was an issue that the Home Owner association has to deal with it. In addition, I went to the county's Zone and Development office and showed them before and after pictures of the damaged tree and they talked me that it will be up to $5000 to replace a tree of that size and age, and it cannot be replaced at all. Now what should I do? I want to hire an attorney to suit my neighbor, however I am afraid that it will cost me too much. The other alternative is to file a small claim lawsuit and asked for $5000 compensation for the damaged tree. Please, I will appreciate any advise.
 


What is the name of your state (only U.S. law)? Kissimmee, Florida
My neighbor hired a crew to go inside my property to cut 1/2 of a 20 years old Oak tree that is in my property without my permission. He claimed that the Home Owner Association gave him the permission to do so but it turns out that the Home Owner Association only allow members of the community to cut branches that overpass the property line but no to go inside someone else property to cut branches. In addition, none of the branches of my tree were over his property line because I trimmed it back on July this year to avoid any problem with that neighbor in particular. The thing is that my neighbor hates the leaves that falls on his site of his property during the falls and winter seasons. I called the Sheriff Department but the deputy refused to write a complaint against my neighbor for trespassing and destroying a property because that was an issue that the Home Owner association has to deal with it. In addition, I went to the county's Zone and Development office and showed them before and after pictures of the damaged tree and they talked me that it will be up to $5000 to replace a tree of that size and age, and it cannot be replaced at all. Now what should I do? I want to hire an attorney to suit my neighbor, however I am afraid that it will cost me too much. The other alternative is to file a small claim lawsuit and asked for $5000 compensation for the damaged tree. Please, I will appreciate any advise.
I can't really evaluate the likelihood of you prevailing in a suit against your neighbor.

It sounds like your neighbor illegally cased damage to a tree that is located on your property. But are you sure that you own the tree? It could be that it is owned by the home Owner's Association (and that you are allowed or required to maintain it).

Obviously it costs money to hire an attorney (you might be able to find one who thinks highly enough of your case to take it on contingency), and you are more likely to prevail of you have an attorney then if you try it on your own. If your neighbor had cut down the tree on your property completely, then you would have a better case, but we can't see the "damaged tree" to know whether or not you are making a mountain out of a mole hill. Depending on the damage to the tree, I suppose it might be possible for you to win your case but no damages.
 

Lp1963

Junior Member
The tree belong to my property and the Home owner Association does not own trees inside properties. Too bad that in here we cannot upload photos to show you the intense damage done to the tree, but the law cannot justify that someone can go inside you property and do whatever he wants on your own yard.
 

TigerD

Senior Member
Go talk to an attorney. Trespass and intentional property damage are subject to potential punitive damages.

It is worth your time to at least meet with an attorney.

DC
 

justalayman

Senior Member
I could not find any particular statute for Florida that addresses this but many states do have such statutes. They often address punitive damages, means to calculate damages, and myriad involved issues. Along with tranquility I suggest speaking with an attorney who is familiar with Florida law, and more precise one that practices in the area of real estate or forestry.

to the trespass issue:

section 2 below would be in play here I believe.


(1)(a) A person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance:

1. As to which notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing, or cultivation as described in s. 810.011; or

2. If the property is the unenclosed curtilage of a dwelling and the offender enters or remains with the intent to commit an offense thereon, other than the offense of trespass,
commits the offense of trespass on property other than a structure or conveyance.

(b) As used in this section, the term “unenclosed curtilage” means the unenclosed land or grounds, and any outbuildings, that are directly and intimately adjacent to and connected with the dwelling and necessary, convenient, and habitually used in connection with that dwelling.
 
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Lp1963

Junior Member
Thank you all for your responses. I am considering to speak to a local civil case lawyer. To answer Zigner's question: no, I did not had an arborist checking the tree, but I did showed the photos before and after to a person from the Zoning & Development office of the County, and that person talked me that the damages done are irreplaceable.
 

Zigner

Senior Member, Non-Attorney
Thank you all for your responses. I am considering to speak to a local civil case lawyer. To answer Zigner's question: no, I did not had an arborist checking the tree, but I did showed the photos before and after to a person from the Zoning & Development office of the County, and that person talked me that the damages done are irreplaceable.
Trees grow. A good amount of your case is going to depend on the testimony of a pro.
 

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