Neighbor suing for trespassing

[Frank Weiderman]

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

We recently hired a contractor to remove trees from our property. They went up to , but not over the property line between mine and my neighbors. The neighbor asked the contractor to remove some trees from his property. The contractor contacted us. We said that would be ok, and the neighbor and contractor worked together to remove some trees. Now the neighbor is suing for trespassing and the cost of replacing some of the trees the contractor removed. Neighbor states that the contractor removed some trees without his permission.

Who is in the right here ?

 

[LdiJ]

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

We recently hired a contractor to remove trees from our property. They went up to , but not over the property line between mine and my neighbors. The neighbor asked the contractor to remove some trees from his property. The contractor contacted us. We said that would be ok, and the neighbor and contractor worked together to remove some trees. Now the neighbor is suing for trespassing and the cost of replacing some of the trees the contractor removed. Neighbor states that the contractor removed some trees without his permission.

Who is in the right here ?

This is an odd scenario. Why did the contractor need your ok to also contract to do work for your neighbor? If the neighbor separately contracted with the contractor what is their rationale for including you in any lawsuit?

 

[Frank Weiderman]

As an attempt to be a friendly neighbor, we paid for the contractor while he was in our area. It was only a few trees , so we told the contractor and neighbor we would pay the hourly rate for the contractor for the work performed on the neighbors land.

 

[tranquility]

This is a factual and not a legal issue. What can be proved by each side?

Is there risk? Yes. I there a defense? Also, yes.

It depends on what can be proved in court.

 

[Frank Weiderman]

This is a factual and not a legal issue. What can be proved by each side?

Is there risk? Yes. I there a defense? Also, yes.

It depends on what can be proved in court.

Ok. The Neighbor, contractor and ourselves agree that permission was grated from the neighbor for the equipment to enter the neighbors property. After that occured, we left the neighbor and contractor to it. Can the neighbor still sue us for tresspassing as we were never physically on the property, and permission was granted? And as far as the "damages" go, are we liable? or would the contractor be liable?

Thank you for your response.

 

[John Se]

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

Now the neighbor is suing for trespassing and the cost of replacing some of the trees the contractor removed. Neighbor states that the contractor removed some trees without his permission.

Who is in the right here ?

Has the neighbor filed suit? or just threatened to file suit? If they file suit then have an attorney respond deny everything then go from there, It wont cost you much to respond but it will cost them a lot to pursue the case.