Encroaching tree

[Russ39000]

Six months ago I built a mini storage facility. We started to get a head start for the excavators and decided to cut down a few trees. "The tree" was cut down and when the survey came back "the tree" was just barely missing my property line. The owner now demands I pay for this 15' cherry tree. I offered to replace it but refused and she demands money of course. Although the tree would have encroached my property line for customers to properly drive around the building what are my chances in small claims against her or should I take it civil court and hope she has to dish out more money for a lwyer and drops the case. In addition, she has been spreading false accusations about my business in this small community that it is filing for bankruptcy and it leaks when it rains, which would hurt business. Any thoughts appreciated. Thank You. I reside in the State of Michigan.

 

[Tracey]

What do you mean, the tree would have encroached for customers to drive around your bldg? Either the tree crossed the line or it didn't. Just because you construct a building doesn't mean you get to use your neighbor's land to access the building.

You trespassed on her land & cut down a tree that belonged to her. You'll have to pay for it. However, any branches that stuck over the property line belonged to YOU & you could cut them off with impunity. You could argue to the judge that you always intended to remove any limbs you legally could, & that removing all the limbs that stuck over the line would have killed the cherry tree anyway. Therefore, N wasn't damaged by your unlawful trespass to cut down the entire tree. Her tree was a gonner -- you actually saved her money by removing the trunk that was going to die anyway.

Regarding the slander -- send her a letter saying that you'll sue her if she doesn't stop spreading rumors about you. It would probably be best to have a lawyer draft the letter on firm letterhead. It's more impressive that way.

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Lots of stuff here. Let's see how we can piece it together or hammer it out!

Okay, basically with the tree, you had the responsibility of making sure that tree was on your property and thus yours to cut down. Because it wasn't, because you didn't wait until the land survey came back, you trespassed by causing an object (tree cutter) to cut down her tree. YOU OWE HER FOR THE TREE. Now as to what you owe her. A 15' cherry tree is pretty substantial. I think the fair market value for the item as either itself to be replanted or what it can be turned into would be the fair market value. PAY UP.

As to her false accusations, may I suggest you read "libel and slander" located at personal injury main heading at the freeadvice.com home page. If she is spreading verbal accusations which are false, about your business and service quality, that is called "slander per se". it is oral defamation which is so bad (because it hurts your profession) that you don't even need to prove your reputation was actually damages. You get statutory damages (what recommended under that particular law in your state).

Talk to a personal injury attorney. Try attorneypages.com OR contact your state bar association and ask for lawyer referral.

Hope this helps.