What is the name of your state?MO
My neighbor informed me about 2-3 months ago that he was going to clear a undeveloped lot that he owned that abuts my property...the lot was naturally wooded having been undeveloped for about 15 years...hickory, oak even some dogwood trees and other naturally occurring flora. This wooded area served as a natural buffer, essentially providing seclusion and blocked view of other houses and also provided to contain run-off onto my driveway.
At the time my neighbor informed me of his intentions to clear the lot, I informed him quite emphatically, that I did not desire ANY of the trees etc on my property to be removed. I wanted the buffer contained on my land to remain.
I went on vacation for a week, and when I returned, I found that he had in fact cleared THE ENTIRE LOT. I queried as to whether he had had the land surveyed BEFORE clearing the lot (since I knew that he extended onto my property), especially considering that I had previously told him I specifically did not want my land encroached upon. He did not.
To make it short, after having the land surveyed, he cleared on my land a 5 ft wide, 85 ft long stretch that contained various trees and flora. I now have full view of other houses, an out-of-code golf net and an overall eyesore. To make matters worse, now every time it rains, I get inches of mud in my driveway that clogs my drains and leads to water (and mud) entering my garage due to the runoff from the now cleared lot.
I have discussed the issue with my neighbor. He recommended a local landscaper to get an estimate for replacing the buffer, which I did. When he was presented with the estimate, he offerred to pay "for half". He is an attorney (figures) and has installed an unsightly silt screen to help with the runoff, but has refused to pay for the replacement of the trees etc.
I have talked to certified foresters in the area, who say they cannot help since the land is already cleared and they cannot attest to what was taken out. I have considered getting my house re-appraised, but really, how much of a real estate appraisal is due to landscaping? Then again, all I want is the buffer/trees replaced.
Questions:
1. How do you get a fair value estimate for a tree? Say a 4-5" diam Hickory tree? It can't be replaced. How can I estimate what was taken?
2. Is a real estate appraisal reasonable? It would certainly cost money. The appraised value of my house is $450,000, so even a small percentage would be significant.
3. I would like to handle this through small claims court, but since the defendant IS an attorney, should I get one to represent me? I'm not sure the cost justifies that.
This is really frustrating, and it's ridiculous. Any advice would be received and considered...thanks!
My neighbor informed me about 2-3 months ago that he was going to clear a undeveloped lot that he owned that abuts my property...the lot was naturally wooded having been undeveloped for about 15 years...hickory, oak even some dogwood trees and other naturally occurring flora. This wooded area served as a natural buffer, essentially providing seclusion and blocked view of other houses and also provided to contain run-off onto my driveway.
At the time my neighbor informed me of his intentions to clear the lot, I informed him quite emphatically, that I did not desire ANY of the trees etc on my property to be removed. I wanted the buffer contained on my land to remain.
I went on vacation for a week, and when I returned, I found that he had in fact cleared THE ENTIRE LOT. I queried as to whether he had had the land surveyed BEFORE clearing the lot (since I knew that he extended onto my property), especially considering that I had previously told him I specifically did not want my land encroached upon. He did not.
To make it short, after having the land surveyed, he cleared on my land a 5 ft wide, 85 ft long stretch that contained various trees and flora. I now have full view of other houses, an out-of-code golf net and an overall eyesore. To make matters worse, now every time it rains, I get inches of mud in my driveway that clogs my drains and leads to water (and mud) entering my garage due to the runoff from the now cleared lot.
I have discussed the issue with my neighbor. He recommended a local landscaper to get an estimate for replacing the buffer, which I did. When he was presented with the estimate, he offerred to pay "for half". He is an attorney (figures) and has installed an unsightly silt screen to help with the runoff, but has refused to pay for the replacement of the trees etc.
I have talked to certified foresters in the area, who say they cannot help since the land is already cleared and they cannot attest to what was taken out. I have considered getting my house re-appraised, but really, how much of a real estate appraisal is due to landscaping? Then again, all I want is the buffer/trees replaced.
Questions:
1. How do you get a fair value estimate for a tree? Say a 4-5" diam Hickory tree? It can't be replaced. How can I estimate what was taken?
2. Is a real estate appraisal reasonable? It would certainly cost money. The appraised value of my house is $450,000, so even a small percentage would be significant.
3. I would like to handle this through small claims court, but since the defendant IS an attorney, should I get one to represent me? I'm not sure the cost justifies that.
This is really frustrating, and it's ridiculous. Any advice would be received and considered...thanks!