#NeighborDispute #PropertyRights #LegalAdviceNeeded
Hey everyone! 👋 Dealing with a tricky neighbor situation and could use some insights. So, my neighbor decided to take matters into his own hands and started hacking off branches from my beloved tree without permission. 😳 Now, I’m wondering what are my rights as the property owner in this situation. Here are a few key points to consider:
– Neighbor trespassed and damaged my tree without my consent 😠
– Police got involved, but the damage was already done
– Considering civil litigation for compensation and to prevent future incidents 🤔
– Neighbor has a history of being a bully and ignoring my requests
Any advice or thoughts on how I should proceed? Has anyone dealt with a similar situation and come out on top? Help a neighbor out by sharing your insights and advice! 🌳💬
As a possible solution, I am thinking of exploring civil litigation to hold the neighbor accountable for the damage done to my tree and to prevent any future incidents. It might also be worth considering obtaining an order of protection to ensure my safety and prevent further trespassing. Your thoughts and suggestions are greatly appreciated!
Step one is to have an arborist come and evaluate the tree to see if it can be saved and to estimate the dollar figure for how much it has devalued your tree (hopefully you’ve got some pictures). A fully grown Japanese maple is going to be extremely expensive. After you get the report from the arborist you speak with an attorney who handles “tree law” cases (it’s an actual specialty). Your neighbor is likely going to be in for a whole world of hurt in terms of damages, especially if the tree is going to die – in PA you are entitled to actual replacement cost which can easily be upwards of 6 figures for mature trees like that.
Edit: Also get a copy of that police report where the neighbor was caught in the act and trespasssed. If you can get the arborist out quickly, you can bring their report to the police and ask to have him charged. If the damage is more than $5k (a very likely possibility) it’d be a third degree felony.
Trees are shockingly valuable property. You may also be entitled to injunctive relief (i.e. make the guy stop messing with you). This is complicated, though, and will certainly require a lawyer. I don’t love the fact that you sprayed the guy or that you’re now sending messages to everyone – that’s the exact kind of conduct I tell my clients to refrain from engaging in. Lawyer up asap and stop publicizing your criticisms. A Plaintiff’s side civil lawyer should be able to start navigating this matter for you.
[https://www.isa-arbor.com/](https://www.isa-arbor.com/)
Find a certified arborist in your area to give you a report on the damage to the tree (sounds extensive). It may be quite a while before the tree starts to fail due to any disease introduced by the butchered branches. However, damage has already been done to your property.
You should have listened to the police and not spent so much time on this post.
Jeez, Tolkien couldn’t follow this plot.