jillfritsen said:
What is the name of your state? Montana. Please help! My father recently passed away, but before doing so accidentally built a shed and drilled a well on his neighbor's property. In doing so, he cut down approximately 20 trees. The shed is full of tools, a tractor, and many other items. My siblings and I are just learning of this and want to know what rights we have? How much will we need to pay for the trees? Can we legally remove his items from the shed? Do we have any rights to the well or the $9000 he spent to have it drilled?
Your father (or his estate) could be sued for the damages he caused by trespassing.
In some states, cutting down trees will result in punitive damages also. For example, if go onto your property without your permission and cut down a tree worth $100, I could be held liable for $300 worth of damages.
Likewise, if I build something on your land without your permission and drill a well, I have damaged your property by trespassing. If a court found that this was intentional trespassing, punitive damages could also be found against your father's estate.
Y'all may be able to get the personal property back, but the shed and the well are a gift your father gave the landowners. Maybe those folks will just call it even if you give them all the stuff and promise not to make waves.
