Property Infringement

[bushak]

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

The lot next to my property was purchased from the state. I recently noticed that the new owner has cleared some trees on the lot. In doing so, he also cut approximately a 50' by 50' section of trees on my property. I have contacted him by e-mail and he apologized for the "misunderstanding" of not being sure of the property line. This particular line was clearly cut and marked. I am curious what my options are to resolve this fairly. I don't want to be a bad neighbor, but we value our privacy and those trees were my barrier against looking at someone else's crap.

 

[tranquility]

It's trespassing even if he did not know where the line was. You can sue him for damages. Personally, I'd accept the error and ask him to plant some replacement trees.

 

[FarmerJ]

Suggestion, draw up a contract that says he has to replace those trees before say mid summer (date) due to his error with the lot line location and and if he doesnt do it sue him, a arborist could help you determine the value of the trees and you want to take pictures now while the damage is fresh. Do your best if you can to include your lot line markers and sort of prepare for the chance he wont do it.

 

[bushak]

It's trespassing even if he did not know where the line was. You can sue him for damages. Personally, I'd accept the error and ask him to plant some replacement trees.

so far by e-mail, he seems like a polite young man. He will be in town this weekend and I have asked him to meet with us. If the meeting goes well and he accepts responsibility, I am comfortable with having him buck up and stack the wood and remove the branches and debris. However, if he gets belligerent or defensive, I would like to know what my options are. I have taken pictures of the downed trees, the property line and stakes that were in place when he cut.

 

[justalayman]

AS 09.45.730. Trespass By Cutting or Injuring Trees or Shrubs.

A person who without lawful authority cuts down, girdles, or otherwise injures or removes a tree, timber, or a shrub on (1) the land of another person or on the street or highway in front of a person's house, or (2) a village or municipal lot, or cultivated grounds, or the commons or public land of a village or municipality, or (3) the street or highway in front of land described in (2) of this section, is liable to the owner of that land, or to the village or municipality for treble the amount of damages that may be assessed in a civil action. However, if the trespass was unintentional or involuntary, or the defendant had probable cause to believe that the land on which the trespass was committed was the defendant's own or that of the person in whose service or by whose direction the act was done, or where the timber was taken from unenclosed woodland for the purpose of repairing a public highway or bridge on or adjoining the land, only actual damages may be recovered.

given your statement it was obvious it was your land, sounds like you would have a valid claim for treble damages.

 

[quincy]

so far by e-mail, he seems like a polite young man. He will be in town this weekend and I have asked him to meet with us. If the meeting goes well and he accepts responsibility, I am comfortable with having him buck up and stack the wood and remove the branches and debris. However, if he gets belligerent or defensive, I would like to know what my options are. I have taken pictures of the downed trees, the property line and stakes that were in place when he cut.

I suggest you review your homeowner's property insurance. Trees, especially ones that have grown large, are often expensive to replace. They are often included in your coverage.

You could file a claim with your insurer and it is also likely that your neighbor's insurance can cover the tree loss, as well.

You will probably want to get estimates, on the value of the trees that were cut down, from tree specialists in your area. It is good that you have photos (with luck, both before and after). Compare the estimates you get from the tree specialists with the value placed on your trees by your own insurer.

Good luck.

 

[154NH773]

given your statement it was obvious it was your land, sounds like you would have a valid claim for treble damages.

I'm not so sure, given the language "However, if the trespass was unintentional or involuntary,..." A court might go any way.

You can surely sue, and it is likely you will get at least your actual damages.

Unless these were ornamental trees specifically planted for that purpose, it's my opinion that you can only recover the stumpage value of the trees (their value as timber). Get estimates for that value and also for replacement cost, and use the higher figure if you intend to sue, but keep the stumpage figure in your back pocket in case the judge asks for that number.

You are always better off settling out of court, even if for less money. You can never be sure what a court might do, and also you may want to be on friendly terms with that neighbor in the future.

 

[TigerD]

Personally, I would request payment for damages and ask him to plant some replacement trees. If he refuses, then take him to court and force him to.

How, pray tell, would you force him to?

DC

 

[quincy]

How, pray tell, would you force him to?

DC

bsdfbh spent quite a bit of time playing on the forum (63+ posts or something?). I think his mother finally arrived and took him home. With some luck, she took away his computer privileges for awhile, too.