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Neighbor vandalizing my trees

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laurelei1

Junior Member
What is the name of your state? South Carolina.
A few months ago, my next door neighbor cut branches and limbs from several medium and large trees, and cut down several small trees, on my property, all without my knowledge or consent. None of the trees were encroaching in any way on her property; in fact, the area is a good 50+ feet from her house. She admitted she did it, saying she "just couldn't stop herself" and she "knew she shouldn't." Another neighbor saw her do it and when he questioned her, she told him she didn't like how it looked and gave him the impression that she and I had discussed her doing this. (We didn't!) I wasn't sure what to say to her when she told me she did it, especially without a witness, so I just said I was glad to know who had done it and walked away. I put up a No Trespassing sign and ever since have been trying to figure out what to do about the look of the area. The vegetation she cut off leaves me with very little privacy in my back yard, and the cuts to the trees are badly done. I've got to get some trees removed (the ones that she cut to stumps or are too badly damaged to survive), get the ones that will live re-cut correctly so they'll be healthy and look decent (they are really disfigured right now), and plant new stuff to give me my privacy back. It's a really oddly-shaped area with lots of obstacles to plant around, and I've started on the project with several landscape professionals who didn't follow through, so I'm still trying to figure out what to do and what it will cost, so I can confront her and say "here's what it will cost to fix what you did, and I expect you to reimburse me for it." If she refuses I'll take her to magistrate's court, although of course I won't say that to her (I know that could be taken as a threat or extortion). The thing is, it's now been four months, and yesterday she did it again. I want to send her a certified letter telling her to stay off my property, but I don't have enough information to address the damages or reimbursement issue. To top if off, there's a chance she actually thought she was being HELPFUL but hacking up my trees, which is beyond reason (wish you could see how ugly they are now) but might somehow make sense to her.
 


laurelei1

Junior Member
I talked to her right after it happened (the first time) when she admitted she did it. I didn't have a witness so I was afraid to say more at the time. I was advised to keep all communication on the matter conducted either in writing (hence the certified letter) or in the presence of an impartial third-party witness. So, I guess my attempt to talk to her will start with the letter asking her to stay off my property, followed by a letter (when I figure out the repairs) detailing the plan and asking her to agree to reimburse me. I really don't want to make this any worse than it has to be; I still have to live next to this person.
Oh no, and I just thought of something else... Think there's a statute of limitations on this?
 

Orcons

Member
In many states willful destruction of someone else's trees can result in triple damages. You should also talk to a local attorney.
 

laurelei1

Junior Member
Good suggestions, all. Thank you, and thanks for any more that are offered... I am trying to get as much input as possible to be sure I'm doing the right thing.
I did file a police report, and if she does not honor my "no trespassing" request, an officer will come tell her to stay off my property. For criminal prosecution, there has to be malicious intent, which is difficult to prove; she could say she just meant to be helpful and that could be enough to get her off the hook. Plus, there's really no good in her going to jail... she just needs to stop coming into my yard and doing stuff, and she needs to foot the bill for repairing the damage she did.
I would love to talk to an attorney, but unfortunately I can't really afford one. If I could be sure of recouping the legal fees in court that would be one thing, but there's always the chance I'd lose, and that's just too risky for my financial situation.
 
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LindaP777

Senior Member
I would have called the police the first time and the second time it happened. I see this as vandalism.
With you waiting 4 months and still have done nothing, it kinds looks like you didn't mind. I'd get estimates to restore/fix the trees and present her with the bill and if she fails to pay, sue her in court.
 

danno6925

Member
Trees

I agree with LindaP777 - Your property has been vandalized. When you suffer financial damages through the willful actions of another who not only trespassed on your property once but TWICE and damaged multiple trees, you have begun to build a case for court. Repair what you can, replace what you have to, and send her a letter CRR along with a copy of the bill for services. State simply that you expect her to pay for the damages she has caused you. If she sends it back unopened, DON'T OPEN IT!! This shows the judge you made an attempt to rectify the situation without wasting the Court's time - They like that.

Get a copy of that police report if possible.

She couldn't help herself? - What a load of sewage! Maybe the triple damages you sue her for will keep her in her own yard.

Hope it all works out.
 

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