Boundary LInes Of Property

[starlite1]

What is the name of your state? Michigan, Cass Co.
On the east boundary of our property with 17 blue spruces our neighbor has taken upon herself to slaughter them branch by branch. Some as high as five feet from the ground all around the trees. We believe the property line is one foot on that side, so she is most definently trespassing, altho that does not bother her one bit.

We are in the process of having a survey done to be sure, and then what would I do next to recover my damages ? I saw her trying to find the property stake a few days ago, after we measured and posted our own stake,, so to me that shows she does not really know where the property line is, never did know, and this was just a maliciouse jester on her part.

I am a nervous wreck constantly keeping an eye out to see what she will do next.
Thanks for any help !

 

[BelizeBreeze]

Once you have a new survey completed and if it shows the trees completely on your property, then send her a certified (RRR) letter demanding she cease and desist from entering upon your property.

As for damages, it would be highly unlikely that you could prove any at this time since all she has done is trim branches and that, in and of itself, will not harm the tree.

 

[starlite1]

Well our Lawyer did send her a letter to stop in 2002, and warned of the possibilty of a law suit, but that did not stop her. There is damage to the trees, as there is no longer a privacy barrier, and the limbs she cut has caused other limbs to now collapse down. We are talking property value decreasing to not mention the beauty of them is no longer there to see. THere has to be a way to recoup what we have lost. Survey will be done and then we want to put up a chain link fence.
Seems to be no big deal about doing so, according to our twp.

 

[BelizeBreeze]

And as I said, until the survey is completed there is no trespass. Because there is not definate proof that she is coming onto your land.

Once that is done then return to your attorney and sue her.

By the way, even if the trees are proven to be on your side of the property line, your neighbor still has the right to trim any branches overhanging onto her property up to the property line.

 

[HomeGuru]

And next time get a survey before you buy.