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.
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.