Trees removed from my property

What is the name of your state?What is the name of your state?MI

The developer next to us has a lot that has 66' of frontage, some 622' long leading to 10 ac. parcel (this was thought to be an easement encroaching our land, as previously posted, but was cleared up by surveyor).

A road has been planned to go down the CL of this strip of land. In order to facilitate this, the developer was forced to remove trees on road frontage to ease any visual barriers. These trees that were doomed were selected for removal by the county (or township, I would assume). The onus of removing the trees was left to the developer.

Unfortunately, two of the trees (beautiful, mature maples) were on my property. Developer had them cut down and stumps ground out per the county. Owner of logging co. verified that he was contracted by developer, trees selected by Washtenaw county, and everything was legal because there is a 80' easement down center of main road.

Does this give the developer the right to remove trees from our property or should he have moved the road as far away from the property line as to not have to trespass and destroy private property? One of the trees removed had a No Hunting/Trespassing sign on it!

What rights or recourse do I have at this point?

What can I do to prevent further destruction to my property to allow someone else to profit? There are many more trees near property line, although not obstacles.

This is not something we can give a definate answer on based on the fact we can't read the easement or any other documents on which these decisions were based.

My gut tells me there is nothing you can do. But it won't hurt to ask the county/city (whomever marked the trees) on what they based their decision.

Were you notified prior to removal, that your trees were tagged for removal by the county? What happened to the wood?

He did not contact me prior to tresspassing and removing trees. The trees have been reduced to chips.

I just got off the phone with the county. There is and easment (33' off CL of road). This is known as a statuatory easment. However, the trees in question are not confined to that easment. The trees are my property but can be forcebly removed by the county, regardless if they are in this easment or not, to allow safe egress from the property.

The developer should get permission to cut down the trees if they measure 6" or better in dia. (less then that is considered brush, no prior notification needed). There is no evidence left to determine dia of trees in question.

Herein lies the problem; In order to get the information from the county, you have to file a formal letter with them to allow you to get Freedom of Information pack that has the case file info in it. This takes 5-7 business days (paid for by you). You then must hire an attorney to sue for the recovery of trees, cost of above mentioned info, attorney fees and court costs. This could get quite costly. Even then, as stated before, there is no evidence to support my findings. I must find alternative method of dealing with this thug.

My first thought is filing tresspassing charges the next time he or his contactors step foot onto the posted property (as he has twice now, leaving behind death and destruction as well as heavy equiptment on my property. Where's the buddy with the lowboy when you need him?)

Any further advice?

If the county tagged these trees for removal, they should know the diameter, if they were large enough to require notification. Check with the county for the required permits including permits to place heavy equipment on your property. You can report them for tresspassing, you have evidence of that with the tree chips and tracks from the heavy equipment. If you sue in small claims court you are limited in the amount, If you ahve to retain an attorney you can also sue for attorney's fees.
So there are 2 easements, 1 33' CL easement off the strip of land and a 80' CL easement off the main road, in which easement were the trees prior to logging? That may determin ultimate responsibility. YOu also said the trees were mature, cut down and the stumps chipped, where did the logs go?

If the county tagged these trees for removal, they should know the diameter, if they were large enough to require notification.

Yes, they would. However, it would be costly to obtain those FOI files.



So there are 2 easements, 1 33' CL easement off the strip of land and a 80' CL easement off the main road, in which easement were the trees prior to logging?

No. There is only 1 easement. The Statutory Easement from the county that is 33' off CL of main road. The 80' was some BS that the logger told me. The other no-existant road or driveway is not an easement that I know of but a stretch of land 66' wide attached to 10ac lot in rear of property (kinda looks like the letter q) The road approach is staked out and is near the middle of this 66' wide frontage. The trees in question were parralell to the main road and perp. to driveway.


YOu also said the trees were mature, cut down and the stumps chipped, where did the logs go?

Unfortunately and probably well planned, the trees were felled, and disposed of long before I came home. They had already completed the stump grinding in that area. Chips, logs and all other debris were off sight by 3pm other that the stumpgrinder who was there till after 8pm.

I feel at a loss here. My options are limited as is my cashflow. Not to mention the amount of damages that I may or may not be able to recover. What I do want is this to not happen to the rest of the trees that are on or near the property line. The county will not have any more say from this point on, so the fight will be between the developer and I. And I do see that forthcoming as there is a nice mature maple right on the property line. This should not interfere with the driveway, but could be a provoked fight should there be anymore bad blood betwixt us.

Maples have value as lumber, as the owner you are entitled to compensation. Report it to the police anyway.

As to the maple on the property line, a number of nails into the trunk should do the trick put up a sign, "This tree is spiked "
http://www.ragette.org/treespike/enter.htm