Neighbor encroached while replacing fence, destroying some of our trees

[jamesfiddler]

What is the name of your state (only U.S. law)? Oklahoma
Our neighbor's 40 acre tract recently sold. The new owner replaced the fence separating his property from our 10 acres (the fence originally was ours). In so doing, he encroached on our property, in some areas 30 feet in, with a bulldozer taking out many trees on our side and leaving the debris laying on our property. What options do I have to address this and hold him responsible? How do I pursue legal action against him?

 

[tranquility]

What is the name of your state (only U.S. law)? Oklahoma
Our neighbor's 40 acre tract recently sold. The new owner replaced the fence separating his property from our 10 acres (the fence originally was ours). In so doing, he encroached on our property, in some areas 30 feet in, with a bulldozer taking out many trees on our side and leaving the debris laying on our property. What options do I have to address this and hold him responsible? How do I pursue legal action against him?

Sounds like trespassing to me.

 

[jamesfiddler]

I agree

He definitely trespassed. I just need to know what steps to take to pursue legal action for trespassing and destroying our trees.

 

[tranquility]

He definitely trespassed. I just need to know what steps to take to pursue legal action for trespassing and destroying our trees.

Send a letter demanding damages. If they refuse, get an attorney to file suit.

 

[jamesfiddler]

Thanks!

I will do that.

 

[justalayman]

I have not checked but I still see you are online. I didn't want you to run off without some information that might apply to your situation. Some states have very specific laws regarding damage to trees. Some of those states even allow treble (3 times actual) damages for the loss of trees. Give me a few to try to find out if that applies to NJ.

btw: I would suggest calling the police and making a report for the damage to the trees as well as the damage to YOUR fence.

 

[jamesfiddler]

Thanks!

I'll be online for a while. The property is in Oklahoma, however.

 

[justalayman]

well, where the heck did I get NJ

 

[justalayman]

§23-72. Wrongful injuries to timber.

A. For wrongful injuries to timber upon the land of another, or removal thereof, the measure of damages is not less than three (3) times nor more than ten (10) times such a sum as would compensate for the actual detriment, unless:

1. The trespass was casual and involuntary;

2. Committed under the belief that the timber or land belonged to the trespasser; or

3. The timber was taken by the authority of highway officers for the purposes of a highway,
in which case the damages are a sum equal to the actual detriment.

B. The prevailing party shall be entitled to costs and attorneys fees.

C. For purposes of this section, the term "timber" shall be defined as the term is defined by Section 1301-102 of Title 2 of the Oklahoma Statutes.

R.L. 1910, § 2883. Amended by Laws 1995, c. 238, § 10, eff. Nov. 1, 1995.

well, there we have it; 3-10 times the value of the timber.

Realize that timber is timber. The valuation of timber is the value of the wood, not the cost of the tree or replacement of the tree. There are times when the value of the tree itself is more than the timber losses. It would depend on what type of tree or plant it is.

you would also be able to recover costs and attorney's fees.

the actual damages also includes the cost of clean up. Then you have any possible other damage (grass, crops, whatever) to consider. Then, if it actually was your fence, you have that issue to deal with.



Before we get all lawsuity on the guy; has anybody had a survey done to ensure the location of the property line?