Neighbor had my trees cut down?

[ealvarez]

What is the name of your state (only U.S. law)? NY

My neighbor had 18 trees of mine cut down. They were between 10 - 50 feet from the property line. I have video and picture evidence of this happening and since the incident have had the surveyor place the stakes and am in the process of hiring a tree guy to do a report.

So here are my questions...

1. I counted the rings and the trees were around 40 years old (red maples). The diameter of the stumps are 10-12 inches. How is the replacement value calculated by a NY court since I can't just go to the nursery and buy a 70 ft replacement tree?

2. Am I entitled to the installation fee of the new trees and the stump removal from what was cut?

3. Some of the trees were cut and just left because after 3 days I finally got the police to tell them to stop and let me get a surveyor out to stake the property. Can I include the clean-up of the downed trees in the lawsuit?

4. The trees were located on an incline and I am now afraid of erosion problems (first tree specialist mentioned this to me). Can I get estimates for a retaining wall to prevent erosion and include it in my suit?

5. Can I include my attorney's fees in the suit?

6. What is a reasonable time-frame to expect closure to this situation once I file?

Thanks!

 

[Kiawah]

Why would you wait 3 days to stop their cutting? I'd be out there as soon as I heard a chain saw warming up.

 

[MountainDew]

Why would you wait 3 days to stop their cutting? I'd be out there as soon as I heard a chain saw warming up.

I was wondering the same, but sounds like maybe the police weren't cooperative at first? I would have certainly called after the first tree fell.

Aside from that, that is a terrible loss. If it was in fact stupidity/negligence on the neighbors part, they owe you a LOT of money. I wish I could offer better estimates. You can technically have extremely large trees planted, at extremely large cost - if you wanted to put a value on it. It's relatively common for big expensive commercial landscapes.

 

[154NH773]

I had a friend from NY State that had an almost identical situation. He sued for the value of the trees and won. You will have to get an estimate of the damage from an arborist and have a licensed appraiser estimate the value of any views or other property value affected.
Document everything NOW, including photos of the downed trees, stumps (tree rings), views, etc. I got involved with my friend when he asked me to take aerial photos, which he then used in court. He got a reasonable settlement.
Check into the law. My state has a timber trespass law that allows several times the value to be recovered.
You can sue for all damages, including clean-up. You can ask for costs and fees, but I'm not sure if NY automatically grants them, check with a local lawyer.

 

[ealvarez]

As soon as I heard the chainsaws and saw that it was my property I called the police. They would not even look at my survey map and told me it was a civil matter. Once I realized the situation was out of control (they were clear-cutting my property) I called the police again and they came out and again told me it was a civil matter and that I can't prove that it is my property - really...the map was in my hand!!!!. I begged them to stop the other people and give me a few days to get a surveyor to stake the property to "prove" it was mine and they refused. Then I went out on the property to stake it myself based on the map and put up tape and they called the police on me. The police arrived and told me that I had to stay away from that area because it was a liability to the landscaping company due to all the chainsaws and the woodchipper (which was on MY property). I was told if I went out there again that I would be arrested. The thing that I don't get is the police kept telling me that I couldn;t prove it was my property but neither could the other people and they were allowed to continue with the cutting. The only way it stopped was that I called the mayor and explained the situation and she sent the chief of police out to have them stop but everything was cut down by that point. Now I am left with a woodpile that they made on my property, a whole bunch of stumps and some trees that they just cut and left. It is awful!!!

 

[Mass_Shyster]

As soon as I heard the chainsaws and saw that it was my property I called the police. They would not even look at my survey map and told me it was a civil matter. Once I realized the situation was out of control (they were clear-cutting my property) I called the police again and they came out and again told me it was a civil matter and that I can't prove that it is my property - really...the map was in my hand!!!!. I begged them to stop the other people and give me a few days to get a surveyor to stake the property to "prove" it was mine and they refused. Then I went out on the property to stake it myself based on the map and put up tape and they called the police on me. The police arrived and told me that I had to stay away from that area because it was a liability to the landscaping company due to all the chainsaws and the woodchipper (which was on MY property). I was told if I went out there again that I would be arrested. The thing that I don't get is the police kept telling me that I couldn;t prove it was my property but neither could the other people and they were allowed to continue with the cutting. The only way it stopped was that I called the mayor and explained the situation and she sent the chief of police out to have them stop but everything was cut down by that point. Now I am left with a woodpile that they made on my property, a whole bunch of stumps and some trees that they just cut and left. It is awful!!!

Get yourself a lawyer and sue for the difference in the value of the land before the trees were cut, and the value of the land now.

I don't think you have a rea good case against the police, but you probably want to at least file a formal complaint.

 

[JustAPal00]

Get yourself a lawyer and sue for the difference in the value of the land before the trees were cut, and the value of the land now.

I don't think you have a rea good case against the police, but you probably want to at least file a formal complaint.

I agree with the second part of this statement, but not the first. You are entitled to the cost either to replace the original trees or the value of those trees. The depreciation of the land shouldn't matter.

OP, here is a link that may help. I found places that sell trees with up to a 12 inch trunk diameter.

http://lmgtfy.com/?q=mature+trees+for+sale[/url

 

[TinkerBelleLuvr]

WHY did the neighbor want the trees cut down?

 

[ealvarez]

I would never sue the police since I have to live here and don;t plan on moving anytime soon!

It appears that they cut the trees to allow more sunlight on their pool.

 

[InsaneJane]

It is the landscapers and their insurance that you are probably going to want to go after first.

 

[dz1966]

Another example

Your case seems to be pretty clean cut - the trees were clearly on your property.

I have a situation similar but on the other side. I cut some trees down, but prior to doing so, I made several measurements to make sure they were on my property. The activity took four weekends to complete and my neighbor never said a word. After it was done, my neighbor took pictures of the stumps and several weeks later had a survey done. Now none of the pictures show the relationship between the stumps and the property line. The surveyor did not even make references to the stumps on the survey. They are still suing me for damages. Even though I have several witnesses/sworn statements, I have no idea how it will turn out. What is the burden of proof my neighbor has to present in order to win this civil lawsuit?

Thanks

 

[TinkerBelleLuvr]

Your case seems to be pretty clean cut - the trees were clearly on your property.

I have a situation similar but on the other side. I cut some trees down, but prior to doing so, I made several measurements to make sure they were on my property. The activity took four weekends to complete and my neighbor never said a word. After it was done, my neighbor took pictures of the stumps and several weeks later had a survey done. Now none of the pictures show the relationship between the stumps and the property line. The surveyor did not even make references to the stumps on the survey. They are still suing me for damages. Even though I have several witnesses/sworn statements, I have no idea how it will turn out. What is the burden of proof my neighbor has to present in order to win this civil lawsuit?

Thanks

Please do not necropost. If you have a legal question, please start your own thread.

 

[FarmerJ]

I agree sueing the nieghbor and the company that cut them down is the best way to go , the firm who cut it down can explain to a judge why they continued to cut any more trees as soon as they had been told they were cutting on your land and to stop , this should have been a huge clue to them to cease and question the lot line. Do not settle for less than your legal fees , the value of the trees or cost of replacing them with mature trees and clean up. Even if this takes some time would you please post about your final result, It can help others to who search the same types of problems in the future.