violated a covenant, what am I legally held to?

[deucelee]

What is the name of your state (only U.S. law)? Wisconsin

10 years ago, the original owners of a piece of land that is .8 acres put a covenant in place that said "whoever buys and build on this land can not build or take down any trees on the left third of the lot. It's 260'x80'. The covenant is good for 20 years. This year, I bought the land. I just cleared the lot and i went into the left 85' to remove half a dozen or so ugly pines. My intention was to filled those empty areas back up with some nice maple and oak trees. There were 5 additional dead pines on that left 85'. There are about 10 home owners in this two block street. The original owners sold it to someone who sold it to another person who sold it to me.

The original owners live across the street from this .8 acres so they saw the pine trees get removed from the land. They're pretty mad and have threaten to talk to a lawyer. Actually they WILL be talking to a lawyer about it. In the papers when I bought the land, it said that any legal actions against the person who violates the covenant will be paid by the person violating the covenant. I think I might have to suck that up, let me know if you guys think otherwise.

I was told by a non-lawyer that the original home owner would have to get the folks on the street to sign a petition in order for me to get punished for a crime. Not sure what else will come from this but let me know what your thoughts are for my options and what should I do. thanks!

 

[FarmerJ]

There was no crime committed. This is a civil issue and there is nothing the neighbors who have no legal ties to your property have any options to do any thing. If you took down dead or dying trees and still have the timber I would suggest to see if a certified arborist can write a report about your ill trees to take with you to court and in court offer your arborist report. Do know this , you still should consult with a atty and also you may want to demand they show the court proof that the trees were healthy and of course since its your property you don't have to permit them or anyone they hire to enter your property say to look at the remaining wood to try to determine tree health and of course A atty may be able to tell you the best way to argue that it could be very dangerous to leave trees that are not healthy keep standing.

 

[deucelee]

There was no crime committed. This is a civil issue and there is nothing the neighbors who have no legal ties to your property have any options to do any thing. If you took down dead or dying trees and still have the timber I would suggest to see if a certified arborist can write a report about your ill trees to take with you to court and in court offer your arborist report. Do know this , you still should consult with a atty and also you may want to demand they show the court proof that the trees were healthy and of course since its your property you don't have to permit them or anyone they hire to enter your property say to look at the remaining wood to try to determine tree health and of course A atty may be able to tell you the best way to argue that it could be very dangerous to leave trees that are not healthy keep standing.

Thanks for the reply. I think i'll have to take up that suggestion. Unfortunately not all the trees were dying or dead. They were just ugly pine that was very tall, probably 50-70 ft and didn't look too good. Thanks and appreciate it. I'd welcome other/more thoughts from you or others.

 

[LdiJ]

Thanks for the reply. I think i'll have to take up that suggestion. Unfortunately not all the trees were dying or dead. They were just ugly pine that was very tall, probably 50-70 ft and didn't look too good. Thanks and appreciate it. I'd welcome other/more thoughts from you or others.

Many people do not think that pine trees are ugly. Therefore unless you think that all pine trees are ugly (in which case you would have a problem) I think that you had better stop calling them ugly and start describing what about them was unattractive.