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Neighbors have trespassed & cut down trees

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JA Mason

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania

My father's house is in probate & I am the executor of the property. His passing was 2 years ago and the family is trying to sell the house. There are several very large beautiful trees in our back yard, which the neighbors have complained about the leaves and small branches falling on their flat roof.

When my father was living the neighbor would always ask my father & me if he could have a professional tree company trim the trees nearest to his home. This was fine with us. The property and the yard has always been maintained. Last week I go over to the house to check things out, and I do this on a weekly basis, two trees are cut down, and all the debris was thrown into the yard. When I opened the back door to the house all I saw was branches and tress that filled the entire yard. These trees are hundreds of years old, so all you could see were trees to the end of the yard.

I called the police, they took a report and went over to the neighbors house to speak to them. They said they took it upon themselves to cut the trees because branches had blown over on their roof. Mind you, they never asked for permission to do this and there was no professional company doing this. There were ropes hanging from the trees showing that someone with no experience did this. The police ordered these people to remove the debris from the yard and I would take it further if necessary. It is week 2 and nothing has been done.

I know I have rights and they have violated them. What should I do?????
 


tranquility

Senior Member
If you have any other beneficiaries to the estate other than you, you must consult an attorney for advice. The reason is that there is damage to the property and the executor has the FIDUCIARY DUTY to deal with it.

You sue them for trespassing and/or conversion/trespass to chattel and get compensated for damages and make the estate whole.

Or, you don't sue them. If you don't on advice of an attorney saying it is not worth it, you can rely on the advice of experts as a defense to fiduciary breach. If you don't as your own choice, unless you are an expert in such matters a great case could be made you breached your duties and could be sued for the damages and removed as executor.
 

FarmerJ

Senior Member
See a arborist to try to determine the value of the trees, get a copy of the police report and consider using the links above to speak to a atty about suing the nbr , mature trees add value to property, any realtor could tell you a aprox difference in sale price of a home with mature trees and shade compared to one that doesnt have mature shade trees and the way the market is these days it does matter.
 

justalayman

Senior Member
JA Mason;3036567] there was no professional company doing this. There were ropes hanging from the trees showing that someone with no experience did this.
because pro tree trimming companies don't use ropes? In contrast, they typically use ropes to both climb the trees and to steer the falling lumber as they desire.

The police ordered these people to remove the debris from the yard and I would take it further if necessary.
You want them to remove the debris from your trees that is on your property? Oh foolish one, haven't you ever heard of liability if somebody gets injured on your property?

and the cops ordered it? Highly doubtful.
 

elitefinders

Junior Member
What kind of a response was that? They entered our yard and cut trees in our yard not theirs and then left the debris in our yard. And as far as the ropes are concerned, it wasn't professional because by cutting the trees they damaged the house and deck. I don't think professionals would be so distructive. Why don't you ask for additional information before you make comments
 

Banned_Princess

Senior Member
What kind of a response was that? They entered our yard and cut trees in our yard not theirs and then left the debris in our yard. And as far as the ropes are concerned, it wasn't professional because by cutting the trees they damaged the house and deck. I don't think professionals would be so distructive. Why don't you ask for additional information before you make comments
what kind of response is this? who are you in this situation.
 

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