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my trees are gone

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iluvlabs

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I live in Indiana and own a lot - no house yet. The reason I bought this lot (4.18 acres) is for the wooded setting and privacy. On April 27 I drove down to discover the owner of the lot next to mine was clearing out most of his trees and some of those were on my side. As I was looking for the corner stakes which were just surveyed a few days prior he came up to me and said he would never cut on my land and he proceeded to show me where the back stakes were. He walked me to the back middle stake and told me it was a corner. The excavator then said he was just going by where they thought the line was. Not believing the owner, I called the surveyor to determine which were the corner stakes. I then found the correct corner and went to tell him he was not correct. He then told the excavator to be careful because the stake we walked to was wrong. He gave me his number if there were any problems. On the drive home I contacted the surveyor to go out and survey the lines. I went back after that was completed and indeed he was on my side worse than I had thought and he continued to cut another 300 feet back from the road (when I was there just the first 50-75 feet were ruined) ranging from 20-50 feet onto my side. A huge brush pile was also left on my land approx 10' high and 40'wide. I brought my camera and documented the destruction. I need to call him soon to see if he will settle (he is a real estate attorney- no less) and I want to know what the trees are worth before he tries to settle. There were approx 300 trees removed (not sure - but close) most were over 35' tall. Help please!!
 


I AM ALWAYS LIABLE

Senior Member
iluvlabs said:
I live in Indiana and own a lot - no house yet. The reason I bought this lot (4.18 acres) is for the wooded setting and privacy. On April 27 I drove down to discover the owner of the lot next to mine was clearing out most of his trees and some of those were on my side. As I was looking for the corner stakes which were just surveyed a few days prior he came up to me and said he would never cut on my land and he proceeded to show me where the back stakes were. He walked me to the back middle stake and told me it was a corner. The excavator then said he was just going by where they thought the line was. Not believing the owner, I called the surveyor to determine which were the corner stakes. I then found the correct corner and went to tell him he was not correct. He then told the excavator to be careful because the stake we walked to was wrong. He gave me his number if there were any problems. On the drive home I contacted the surveyor to go out and survey the lines. I went back after that was completed and indeed he was on my side worse than I had thought and he continued to cut another 300 feet back from the road (when I was there just the first 50-75 feet were ruined) ranging from 20-50 feet onto my side. A huge brush pile was also left on my land approx 10' high and 40'wide. I brought my camera and documented the destruction. I need to call him soon to see if he will settle (he is a real estate attorney- no less) and I want to know what the trees are worth before he tries to settle. There were approx 300 trees removed (not sure - but close) most were over 35' tall. Help please!!



My response:

"Help please" is not a legal question. "Help" with what? Do you have a specific question?

IAAL
 
K

krispenstpeter

Guest
I would not contact your neighbor. The first call I would make is to a real estate attorney to write a cease and desist letter and demand settlement for the destruction of private property.
 
I

iluvlabs

Guest
I AM ALWAYS LIABLE said:
My response:

"Help please" is not a legal question. "Help" with what? Do you have a specific question?

IAAL

Geez, take it easy. The question was above that if you missed it! How/ where do I find out what the trees are worth. And yes, I have searched the internet and spoken to some real estate agents who I thought would know.
 

I AM ALWAYS LIABLE

Senior Member
iluvlabs said:
Geez, take it easy. The question was above that if you missed it! How/ where do I find out what the trees are worth. And yes, I have searched the internet and spoken to some real estate agents who I thought would know.


My response:

You hire an Arborist to evaluate the trees for their value. Then, you pay the Arborist to testify in court.

IAAL
 
I

iluvlabs

Guest
I AM ALWAYS LIABLE said:
My response:

You hire an Arborist to evaluate the trees for their value. Then, you pay the Arborist to testify in court.

IAAL



- thank you.
 
K

krispenstpeter

Guest
Only an idiot would ask a real estate agent about a legal issue. TALK TO AN ATTORNEY.

or do you take your car to a surgeon for a diagnosis?
 
I

iluvlabs

Guest
krispenstpeter said:
Only an idiot would ask a real estate agent about a legal issue. TALK TO AN ATTORNEY.

or do you take your car to a surgeon for a diagnosis?

Before you decide that I am an idiot why don't you ask me about the actual facts first. The real estate agent (friend of mine) is the husband of a well known attorney who I asked if he could find out for me - unfortunately not up her legal alley.

I'm glad you feel like such a big shot by acting like such an ass - job well done

The reason I posted on this site was to get info from people this might have happened to - no sh!t I need to talk to an attorney!!
 

HomeGuru

Senior Member
krispenstpeter said:
Only an idiot would ask a real estate agent about a legal issue. TALK TO AN ATTORNEY.

or do you take your car to a surgeon for a diagnosis?
**A: love it.
 
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