Cut down trees

[Marleenorm]

What is the name of your state (only U.S. law)? Ca
I am being sued in small claims for property damage, cutting down some trees he planted. The guy suing me lived on my family property,which I am on title, for about 15 years. He lived with a family member but was not married to this family member. When I cut the trees down he had moved and been off the property for approx 2 years. He is suing me for $7500 saying I destroyed his personal property. I see it as if he was living on the property almost as a tenant, he planted some trees while living here, then he moved. I, being the property owner, cut down the diseased trees. It seems to me he has no case.What is the name of your state (only U.S. law)?

 

[LillianX]

He planted the trees on your property? I believe the trees become part of the property, at that point. He moved away 2 years ago. I think he has a slim to no chance of being successful. Bring the deed to the property to court with you and explain that you own the land the trees were on.

 

[Marleenorm]

He planted the trees on your property? I believe the trees become part of the property, at that point. He moved away 2 years ago. I think he has a slim to no chance of being successful. Bring the deed to the property to court with you and explain that you own the land the trees were on.

I had thought about taking the deed with me too. This guy has recently moved back on the property and thinks he has some claim.

 

[LillianX]

Why don't you just evict him? Why does he think he has a claim to the property?

 

[Marleenorm]

Why don't you just evict him? Why does he think he has a claim to the property?

He had a long term relationship with a family member who lived on the property. Now that family members daughter is living here and he comes to stay with her and her children on and off. I can't evict him because he is in their house. There is my house and the other family members house on this property, we both are on title.

 

[JQ Citizen]

Does the Plaintiff have any real interest in the property, house guest does not count.
You hold deed?
It is your property, do you have pictures? before removing the trees?
Did you tell other property owners you were going to cut down the trees?

What was the Plaintiff's intent when the trees were planted?

What was your intent when you cut the trees down?

I would describe the trees as a fixture, since the plaintiff vacated the property and abandoned the trees for 2 years, you need to tell the Judge he was welcome to take the trees with him when he left.

Your only (unlikely) liability would fall under Accession, I will let you look that up.

 

[Marleenorm]

Does the Plaintiff have any real interest in the property, house guest does not count.
You hold deed?
It is your property, do you have pictures? before removing the trees?
Did you tell other property owners you were going to cut down the trees?

What was the Plaintiff's intent when the trees were planted?

What was your intent when you cut the trees down?

I would describe the trees as a fixture, since the plaintiff vacated the property and abandoned the trees for 2 years, you need to tell the Judge he was welcome to take the trees with him when he left.

Your only (unlikely) liability would fall under Accession, I will let you look that up.

He has no legal interest in the property, did not take any pictures before removing trees.
I did not tell the other property owner before cutting down the trees.
His intent when planting them was for landscaping purposes I imagine.
My intent was to remove diseased/dying trees that had already damaged the roof of the barn they were planted too close to.
I looked up Accession and am I to understand you to mean my liability would be for the value of the trees, that became mine because they were planted on my land?

 

[justalayman]

the tree was yours (and whomever was in title of the property) to do with as you desired. A tree becomes part of the property once planted. It didn't matter if he lived on the property or not.

 

[JQ Citizen]

He has no legal interest in the property, did not take any pictures before removing trees.
I did not tell the other property owner before cutting down the trees.
His intent when planting them was for landscaping purposes I imagine.
My intent was to remove diseased/dying trees that had already damaged the roof of the barn they were planted too close to.
I looked up Accession and am I to understand you to mean my liability would be for the value of the trees, that became mine because they were planted on my land?

No I said your only unlikely liability would be accession.

Your property, talk to the hand

Your intent is enough,
The trees were damaging your property?
You were mitigating the potential damages he was doing to your barn.
Now sue him for the actual damages done to your barn, you have a responsibility to do so, to limit his liability for planting damaging trees next to your property.
Go get him

 

[Marleenorm]

No I said your only unlikely liability would be accession.

Your property, talk to the hand

Your intent is enough,
The trees were damaging your property?
You were mitigating the potential damages he was doing to your barn.
Now sue him for the actual damages done to your barn, you have a responsibility to do so, to limit his liability for planting damaging trees next to your property.
Go get him

Thank You for your advice. I felt pretty sure he didn't have a case against me, but let that lingering doubt creep in.
I think you must be an attorney, sound like one.