What is the name of your state? Utah
My mother owns one acre with a 10' easement for an irrigation ditch. 30+ years ago my dad planted some trees along the back side of their property. A few years later he fenced in a horse pasture, and placed the fence to where the ditch is on the other side, placing the trees between the ditch and the fence. The ditch is technically on my parents’ property, as the 10' easement is part on the plat plan as part of their property. Several years ago a women bought the property behind my parents' along with property behind the other neighbors' as well. The fence was placed where it is to allow access to the ditch for all of the neighbors who have water rights, as my parents do.
A few years ago the woman, who bought the property behind my parents, tried to cut down two trees. (The trees were planted around 1973) My father told her that she could cut the branches that interfered with her accessing the ditch, but under no circumstances was she to cut down the trees. In 2003 my father passed away, and a week after his funeral she was out there trying to cut down the trees. My brother and I both told her not to cut them down, as they were on my mom's property and she didn't want them cut down. A year ago, the woman cut them down anyway. She has always thought that because they are on the other side of my parents’ fence, they weren't on the property. Basically, she has a lot of money and doesn't care about anyone else. She knows my mom couldn't afford an attorney to fight her. Now the woman is piping the ditch without permission from my mother. We are going to tear down the fence and force her to fence her property if she wants to keep in her horses, as my mother no longer owns horses, nor needs a fence. I'm getting off the main topic, but I am infuriated at this woman’s nerve.
My question is this, do we have any recourse on getting any money out of her for the two trees she cut down? What should we do?
Thank you for any advice....
My mother owns one acre with a 10' easement for an irrigation ditch. 30+ years ago my dad planted some trees along the back side of their property. A few years later he fenced in a horse pasture, and placed the fence to where the ditch is on the other side, placing the trees between the ditch and the fence. The ditch is technically on my parents’ property, as the 10' easement is part on the plat plan as part of their property. Several years ago a women bought the property behind my parents' along with property behind the other neighbors' as well. The fence was placed where it is to allow access to the ditch for all of the neighbors who have water rights, as my parents do.
A few years ago the woman, who bought the property behind my parents, tried to cut down two trees. (The trees were planted around 1973) My father told her that she could cut the branches that interfered with her accessing the ditch, but under no circumstances was she to cut down the trees. In 2003 my father passed away, and a week after his funeral she was out there trying to cut down the trees. My brother and I both told her not to cut them down, as they were on my mom's property and she didn't want them cut down. A year ago, the woman cut them down anyway. She has always thought that because they are on the other side of my parents’ fence, they weren't on the property. Basically, she has a lot of money and doesn't care about anyone else. She knows my mom couldn't afford an attorney to fight her. Now the woman is piping the ditch without permission from my mother. We are going to tear down the fence and force her to fence her property if she wants to keep in her horses, as my mother no longer owns horses, nor needs a fence. I'm getting off the main topic, but I am infuriated at this woman’s nerve.
My question is this, do we have any recourse on getting any money out of her for the two trees she cut down? What should we do?
Thank you for any advice....