He cut down my trees!?

Question

I went away for 3 weeks and came back last night. My neighbour has cut down some of my trees! He asked before I left and I told him I would think about it. My carpenter was here doing some work just after I left and caught him just before he cut them and told him he couldn't do it. Now he's gone and done it anyway! I'm so angry! Is there anything I can do?

Answer 1

I think you should immediately report it to the police so that it is recorded as a trespass and criminal damage. Make sure your carpenter is happy to be a witness for you and then go and see a lawyer (US) or solicitor (UK) and see what they think about you claiming damages. If you are in the UK your local Citizens Advice Bureau will have some ideas about how to pursue this claim in a small claims court if that is appropriate

Answer 2

rmburff is right.  You first need to determine the value of those trees.  A qualified arborist might be able to do it, but there are specialized arborists who deal is tree evaluation.  You'd need to contact one of these if your trees were especially large and of quality.  Right now you need to count the stumps and note what variety the trees were since different species has different evaluations.  Take pictures of the stumps and if you have pictures of the trees before they were cut, that would be even better.    

A judge has no way to determine your loss until you get that professional estimation.  

However if the trees were a nuisance to the neighbor, your claim will be lessened depending on the type nuisance, for example had dead branches overhanging is children's play area. Then you could lose the case or be awarded minimal damage as you allowed a nuisance to continue.  So stop and figure out why he wanted those trees down.

Answer 3

Call the town. Fire him

Answer 4

Wow, what a jerk!  There are several things you can do.  The first thing I would do is tell him that you are angry that he went ahead and cut down your trees without permission.  

I am a little unclear about the role of the carpenter - you told the carpenter not to let your neighbour cut your trees?  If so, then he would be a pretty good witness if this thing ever went to trial.  I would have an attorney draw up a letter...

let us know how it turns out

Answer 5

What he has done is illegal. Especially if he came onto your property, or even leaned over your fence. Legally, he can cut anything that is on his side, but he cannot touch anything on your property.

You will have to get an estimate of the damages, an Arborist could come out and tell you how much it would cost to replace the trees that were cut. If it is more than what a small claims court could handle, you will have to sue him in civil court. Call the arborist, then call a lawyer.

Answer 6

if he cut trees down without permission and you have witness--check with lawyer-you do have small claim rights

Answer 7

If you don't file a police report on this idiot you are enabling this man to continue being an ******.  He will think you don't care that he trespasses and cuts down your trees.  And he will continue to do other things that will anger and upset you.

Answer 8

Call the police he tresspassed on your property and damaged your property while doing it.  Then go after him for the damage to the trees.

Answer 9

If the trees were WITHIN your property line, you could go after him for trespassing or tell him he needs to pay to have new trees planted to replace the ones he cut down. It doesn't sound like being nice would work with this jerk.

Answer 10

take him to small claims court u can not kill trees

Answer 11

I would call your police and tell them the situation. Ask them what to do. I would think they could get distruction of property and have to pay for the cost of new tree's at least.