Neighbors stole 15 trees by logging their property and lying to the logger that the property line is straight when it's not

[Lia]

What is the name of your state? WA. Pierce county

After further research on the county site, found the document that she submitted 3 years ago with her lot and property line so she was well aware about the zigzag that had 15 our trees. Now besides value of the trees there is a ditch on both our driveways that now is filling up with water and turning into a swamp. We already got 5 loads of gravel to make the driveway passable and not to get stuck again. Due to all these expenses we asked her to give us back the profit she made from our trees but she's not cooperating so we told her that we will file a lawsuit on Monday unless she resolves this and we'll take payments. Also we planted 30 trees but they can't grow fast enough

Is it a small claim or where should we file? Why we didn't know about the logging -- the lot has all the utilities but the old mobile was removed and that's how we bought it. Came out in spring to plan the development and found this surprise. They are living in RVs and wanted to bring the mobile so "they needed to clear the path" -- that's was the excuse for logging but the path they needed is only 14' and they have 50' of their property where the driveway is but they trespass another 50'+ on ours and all of our trees were nowhere near in the way of their mobile. All she said that she is sorry and that it was a mistake.

What to do? Maybe we can file a complaint with the county?

 

[quincy]

It is preferred on this site that all related posts are kept in the same thread. Here is your other thread so everyone will know what you are talking about.

https://forum.freeadvice.com/threads/bought-and-sold-undeveloped-lots-with-electric-box-now-electric-company-says-theres-no-box.647494/

 

[HRZ]

I think there may be a more serious way to address this , seek triple damages ,example :
RCW 64.12.030
Injury to or removing trees, etc.—Damages.
Whenever any person shall cut down, girdle, or otherwise injure, or carry off any tree, including a Christmas tree as defined in *RCW 76.48.020, timber, or shrub on the land of another person, or on the street or highway in front of any person's house, city or town lot, or cultivated grounds, or on the commons or public grounds of any city or town, or on the street or highway in front thereof, without lawful authority, in an action by the person, city, or town against the person committing the trespasses or any of them, any judgment for the plaintiff shall be for treble the amount of damages claimed or assessed.

Personally I would use an attorney to improve my odds of prevailing .

Plus I would quickly research and pursue if the theft of trees is a criminal event and get any logical law enforcement steps in place .

 

[HRZ]

I seriously doubt your neighbor made a mistake ...she needed a big clear path to move in her components of a double wide ...and just took it upon herself to get it done .....and you were asleep at the switch as to what was going on as you didn't frequently inspect your lands ...OK ..as above get serious about triple damages and use your lawyer well!

I sure hope you don't need cooperation of this neighbor to run electric lines underground to a transformer that wasn't on your lands as represented.

 

[Lia]

Quincy, it's a different lot I am talking about so please don't combine them. That development with 5 lots and electric transformer was put "on hold" by us as those lots are going to be very expensive to get all utilities in and since they are in "forest designation", the taxes we pay are small. This lot is only 1.5 acres and already has all the utilities on it and same with the neighbor's. Neighbors already brought in double wide which is about 1200 so each half is 14x42 or so.

 

[quincy]

Quincy, it's a different lot I am talking about so please don't combine them. That development with 5 lots and electric transformer was put "on hold" by us as those lots are going to be very expensive to get all utilities in and since they are in "forest designation", the taxes we pay are small. This lot is only 1.5 acres and already has all the utilities on it and same with the neighbor's. Neighbors already brought in double wide which is about 1200 so each half is 14x42 or so.

You started in the middle with your post (e.g., who is "she?") so I assumed you must be referring to something discussed previously. I apologize if my assumption was incorrect.

 

[HRZ]

I doubt you can make a solid economic point about loss/damages due to trespass to move in her doublewide .

However the costs to put in somewhat mature 15 replacement trees and and 5-10 loads of gravel and regrade of same in drive area might be quite a bit and that's before you seek triple damages....I watched 250 tons go in next door ...but neighbor has some of his heavy equipment and the quarry is about 5 miles away and and he was paying the trade rate for stone and dump trucks ....



I think a debate about profits from sale of trees is a waste ...but if neighbor stole trees with a market value of $ XX it might be a misdemeanor or even a felony ...so why are police not involved in this theft ?

I have seen some massive equipment being used to replace or place some rather large trees....and the biggest I ever saw I'm also quite sure was being paid by somebody other than the owner of lot in question but that's not to matter here

 

[HRZ]

EVen if 15 trees were worth more than 750 but less than 5000 there might be very hefty fine and jail time to worry about ...look it up for WA. Your earlier comments support that she knew darn well the trees were not on her lands

 

[Lia]

More info: We found the logger who turned out to be the neighbor down the street and confronted him about stolen trees. His eyes nearly popped when we told him that her property line is not a straight line but it's a triangle cut-out. He was very disturbed about it and demanded proof which we provided from the county website. He said that he'll do whatever is necessary to make it right. Additional piece of info: they left all the trash from the branches on our property so instead of tall and beautiful trees, we've got piles of trash that now we told him to clean up and put it on her side. He asked her and she agreed but then he found out that his skidder's engine broke down. We couldn't wait for that so we hired different clean up crew and after they were done, she started running her mouth how her property now looks hideous and that we should take our trash back. By our trash she means the branches that was left from stolen trees. We told her she can burn it but she doesn't want to do it. And her property was already hideous with lots of junk vehicles and trash and RVs covered with tarp that she opened up a lot with logging as a lot of evergreen brush was destroyed.

 

[HRZ]

you are totally missing the point of seeking triple damages from neighbor and addressing criminal issues of neighbors theft of your trees...the friendly logger probably had no knowledge the trees were not hers...but per your earlier posts, she knew it darn well ....you may have zero legal,clout about tarp covered junk rvs. ( unless local,codes address same ) ...but if she is facing triple damages, plus a hefty fine , plus a possible jail term ...you may get the bigger smile!

 

[Lia]

HRZ -- there's her application to move a mobile with her signature dated in 2015 with her property outlined on file with the county. I was looking for our septic records to create a site plan and found it by accident. One more thing the logger said that she wanted to take more trees but he refused because he was sure those weren't hers even if her property line was straight and not a zigzag. She was going after the money as she needed it to pay for mobile and moving it. She got inheritance from her grandma and bought the land and cars but $ eventually ran out and she was saving for 3 years for mobile. Also she has 7 kids with youngest being 17 so they're all working and only last 3 live with her, also working. And they don't pay rent, just electric and water. Oh yes, they're smoking like chimneys and it's a very expensive habit I've been told.

Another thing to consider how our land value diminished because now after we develop it, it will sell for much less due to lack of trees, swampy driveway and trashy neighbor. Even 10' high fence from beginning of driveway to the house can't cover it as the property goes down and up where all her junk is. And that fence is going to ran close to 400' -- I don't even know how much that will cost.

So I'm searching now since it's theft, do we need to file it with the sheriff's?

 

[Lia]

HRZ -- just read your last message -- no, I'm not missing it and I know about it. Just gathering the info how to proceed. I really don't want to put them on the streets by forcing the sale on their property (no mortgage, they own it free and clear). We will settle for $5K and even told them we'll take payments but if they don't reply by Monday, this goes to court. Again, we don't want to go that way.... but they're getting aggressive. While we were planting the trees, her husband started screaming from his car and waving his hands that we can't sue them and that we have to clean up our trash.

 

[HRZ]

The social drama won't get money or repairs on your plate.

GIven you seem to lack focus ...and the local police department may seek to blow this one off as merely a civil dispute , it think you would be a lot smarter to engage counsel first and PRONTO and let him or her punch the key buttons

Personally I think it makes no sense to press for a mere $5000.. I'd find a way to delay court until I could send my lawyer into battle ..if you blow the points at lower level court you may have blown you future option under concept that you don't get two bites at same apple ; administrative res judicial . And if you treat it as a civil dispute it may be darn hard to get district attorney to,consider the theft matter

THis is most unlikely to ever be a friendly neighbor ...if you have the legal leverage and the skilled poker player to play same your best possible game might be to induce a low buy out /walk away number and each of you go separate ways .

Think you are doing yourself a major disservice not to be playing hard ball via darn good local counsel.

 

[not2cleverRed]

I doubt you can make a solid economic point about loss/damages due to trespass to move in her doublewide .

However the costs to put in somewhat mature 15 replacement trees and and 5-10 loads of gravel and regrade of same in drive area might be quite a bit and that's before you seek triple damages....I watched 250 tons go in next door ...but neighbor has some of his heavy equipment and the quarry is about 5 miles away and and he was paying the trade rate for stone and dump trucks ....



I think a debate about profits from sale of trees is a waste ...but if neighbor stole trees with a market value of $ XX it might be a misdemeanor or even a felony ...so why are police not involved in this theft ?

I have seen some massive equipment being used to replace or place some rather large trees....and the biggest I ever saw I'm also quite sure was being paid by somebody other than the owner of lot in question but that's not to matter here

Considering that she SOLD the lumber because she needed cash, maybe not such a waste.

 

[not2cleverRed]

HRZ -- just read your last message -- no, I'm not missing it and I know about it. Just gathering the info how to proceed. I really don't want to put them on the streets by forcing the sale on their property (no mortgage, they own it free and clear). We will settle for $5K and even told them we'll take payments but if they don't reply by Monday, this goes to court. Again, we don't want to go that way.... but they're getting aggressive. While we were planting the trees, her husband started screaming from his car and waving his hands that we can't sue them and that we have to clean up our trash.

Personally, I'd have cleaned up the trash properly - not the tit for tat thing you did or shoving it back on their side of the property line - and add the cost to the suit.