Legal questions regarding tree removal

[DanDen0326]

Good morning,

Im new to the site for the wrong reasons

I came home from work yesterday to discover my neighbor cut down about 5 trees ranging from 40 feet to 60 feet tall.

The trees that he cut were all his trees just inside of the property line, however, every single one of them landed completely on my property.

I have tried speaking to the property owner with no success.

Who is liable for the removal of the debris ?
What can I do ? What is my next step ?

I attached pictures of some of the carnage. (For reference, the neighbors property line is about 5 feet off the fence )

 

[Jed1124]

If he dropped his trees on your property I’d say it’s an easy call that he is liable to clean them up. He’s probably also guilty of trespassing, and liable for any damage he did to your property.
Call the cops and file a police report.

 

[DanDen0326]

If he dropped his trees on your property I’d say it’s an easy call that he is liable to clean them up. He’s probably also guilty of trespassing, and liable for any damage he did to your property.
Call the cops and file a police report.

We called the sheriff's department last night to file a report, however, they stated there is nothing they can do and that there was no law for them to enforce. I'm going to try and communicate with the neighbors again today about removing it all.

I think I am also going to have my property re-surveyed on Friday to have an up to date, clear view of the property line in case this goes any further. But also so he can see how extensive it really is.

We live on a mountain and the trees are not accessible by heavy equipment Due to the terrain. Removing them is going to be an absolute nightmare for whoever does it.

 

[lone wolf]

We called the sheriff's department last night to file a report, however, they stated there is nothing they can do and that there was no law for them to enforce. I'm going to try and communicate with the neighbors again today about removing it all.

I think I am also going to have my property re-surveyed on Friday to have an up to date, clear view of the property line in case this goes any further. But also so he can see how extensive it really is.

We live on a mountain and the trees are not accessible by heavy equipment Due to the terrain. Removing them is going to be an absolute nightmare for whoever does it.

Sounds like your recourse would be a civil suit if they dont clean it up.

 

[TheJollyLogger]

If he dropped his trees on your property I’d say it’s an easy call that he is liable to clean them up. He’s probably also guilty of trespassing, and liable for any damage he did to your property.
Call the cops and file a police report.

Be very careful about filing a trespassing complaint. If this ends in in civil court, a claim could be made that their right to cure was damaged because they weren't allowed on the property.

 

[Mad Professor]

Be very careful about filing a trespassing complaint. If this ends in in civil court, a claim could be made that their right to cure was damaged because they weren't allowed on the property.

 

[ChuckMI]

Removing them is going to be an absolute nightmare for whoever does it.

Cut them into pieces and throw them onto his property. Why is it a nightmare? "Tried talking to him" means you talked and he didn't agree or he wasn't home so he couldn't talk?

 

[Big_Eddy]

I suggest you give him the benefit of the doubt. If he doesn’t step up, a conversation with him should be all it takes. Seems unlikely he intends to leave them lying where they fell.

In my area, I’d come home from work tomorrow and everything would be cleaned up and there might even be some split wood piled up for me

 

[arathol]

If your neighbor doesn't remove the trees, contact your home owners insurance carrier. They might foot the bill for the clean-up and hold the neighbor accountable for re-imbursement of costs. Insurance companies usually have good lawyers and won't hesitate to take somebody to court.

 

[LoneOak]

In this picture, it looks like your neighbor cut "your" trees that were on "your" property. Unless his fence is misplaced?

 

[Section VIII]

Good morning,

Im new to the site for the wrong reasons

I came home from work yesterday to discover my neighbor cut down about 5 trees ranging from 40 feet to 60 feet tall.

The trees that he cut were all his trees just inside of the property line, however, every single one of them landed completely on my property.

I have tried speaking to the property owner with no success.

Who is liable for the removal of the debris ?
What can I do ? What is my next step ?

I attached pictures of some of the carnage. (For reference, the neighbors property line is about 5 feet off the fence )

Give him some time. He may get to cleaning up the felled trees eventually.

 

[sean donato]

Don't bother with insurance, they won't do anything about it. It's very odd the sherif won't do anything about it. If your property lines are clearly marked, and he cut trees down on your side if the line it's a pretty clear case of destruction of property, and trespassing. You may actually get farther with contacting the township. Many times local police don't actually know property laws very well. The township has people that will know them, and if not have easy access to look them up and help steer you in the right direction.
Civil suit cases suck, I would use this as a last resort, and if it does go to court make sure the clean up is done by a professional, this removes liability from you, and your neighbor can't claim he isn't allowed on the property to clean up.
I have a real jerk for a neighbor, and know how these things go. Get ready for a protracted battle...