An old client met with us yesterday. He has some complicated issues with his water rights. We went through how to satisfy the powers that be to clean up his rights on his property and he mentioned another issue.?ÿ
About a decade ago we staked his property line in a different state. He owns some land next to a super-wealthy local. Anyway, the neighbor cut down a bunch of his trees and no attempt to get satisfaction worked for him. So since the legal process was a bust he wants the line re-staked (seems the stakes are gone now with all the tree removal activity) and he will fence out that area.?ÿ
I mentioned tree trespass was a big deal and he agreed. But when you are a little guy and the neighbor is a huge guy, the legal cost outweighs the benefit. Since the logging happened that neighbor passed, the new owner is much more agreeable but not inclined to take care of past indiscretions.
Hmmm, I'd think that it wouldn't take much to get a simple trespass, including tree cutting through.?ÿ But maybe the neighbor's lawyer would use his best stall tactics and other methods to prolong the process and drive up the cost.
I almost got to be an expert witness in one case involving this, but it settled the day before I was supposed to go.
Had something similar happen to a friend in Juneau, the neighbors wife decided that she wanted a better view from their house, so hubby hired a tree guy. Tree guy cuts down about three good sized Sitka Spruce on my friends land, several others on an historic site owned by DNR and proceeded to follow the shoreline on the other neighbors property limbing whatever trees he felt necessary. My friend was out of town and found out when he got home, other neighbor confronted tree guy and his response was (classic thinking he's the smartest guy on the beach) "there's a state law that says anybody can trim whatever trees to enhance their view" (or something like that). I don't know, but maybe there's one that covers state land, but I doubt private property. Friend showed me pictures and at least for the DNR property the witness posts were clearly visible, he had also run a rope in the approximate location of his property line between monuments. His lawyer hired a different tree guy to assess and place a value on the damage, total was, I think, just shy of $1 Million, I told him to go for the whole thing being as the responsible party was being a belligerent a-hole about it, but I think he settled for less than $500k.?ÿ
@richard-germiller in Alaska Statues cutting trees in Trespass is?ÿ triple damages.?ÿ ?ÿBack in the early 80s we had surveying crews doing a big DNR subdivision near Lake Creek around Fish Lakes.?ÿ ?ÿThere were numerous Open to Entry ASLS tracts already there around the lakes.?ÿ ?ÿOne crew cut a random traverse line through one of them .?ÿ ?ÿOwned by an Anchorage attorney.?ÿ ?ÿHe brought arborist out from Bells Nursery to appraise spruce and birch trees in a forest of the same.?ÿ We had no choice but to pay?ÿ a big bill when the invoice showed the appraisal times 3.?ÿ I wrote a question about it for the Alaska LS exam test pool.?ÿ ?ÿ ?ÿ
No matter where you are, cut a limb off a tree and I guarantee the owner will claim that is the tree that grandpa planted in 1945 when he came?ÿ back from the war and now you have ruined it.
We did a big survey for WSDOT in 1991; 29 miles of state highway, 1000' wide. We cut line through, what the guy said was a Christmas tree farm. My guess; this had not seen anyone cutting any Christmas trees for decades. The company ended up paying a big bill for nothing...
Now that you mention it, I do remember my friend saying that about the three times, don't remember if the responsible party may have cried poverty to get him to settle lower
@dougie?ÿ
Was out helping my dad one Saturday on a survey for a friend type of thing. We brought along a family friend to help carry stuff, who at times was not the brightest bulb on the tree. It was in the woods with very large conifers of some sort and he was just amazed at how those trees grew all perfectly lined up like that.?ÿ
https://www.siskinds.com/sometimes-good-fences-dont-make-good-neighbours/
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Boundary trees have become an issue of interest to the courts up here in Canada.
Why would the new neighbor have any liability for the actions of his predecessor? Maybe the estate of the former owner could be liable, but I seriously doubt that any satisfaction would be found.
but not inclined to take care of past indiscretions.
Nor should he be.
Unless your client notified the neighbor of damages prior to the sale, via a lis pendens or other recorded document, the new neighbor is not responsible for anything prior the closing date. Had there been a cloud on the title it should have been addressed/resolved prior to closing. ?????ÿ
@richard-germiller in Alaska Statues cutting trees in Trespass is?ÿ triple damages.?ÿ ?ÿBack in the early 80s we had surveying crews doing a big DNR subdivision near Lake Creek around Fish Lakes.?ÿ ?ÿThere were numerous Open to Entry ASLS tracts already there around the lakes.?ÿ ?ÿOne crew cut a random traverse line through one of them .?ÿ ?ÿOwned by an Anchorage attorney.?ÿ ?ÿHe brought arborist out from Bells Nursery to appraise spruce and birch trees in a forest of the same.?ÿ We had no choice but to pay?ÿ a big bill when the invoice showed the appraisal times 3.?ÿ I wrote a question about it for the Alaska LS exam test pool.?ÿ ?ÿ ?ÿ
In Oregon stump fee is 2 times the value if cut by mistake, 3 times if done with intent.
@flga-2-2?ÿ
They were notified, they didn't care. What my client said was that all the lawyers they talked too said the neighbor would fight it and my client would spend more money than they ever could get back. My client would clearly win, but spending $5 to get $0.50 isn't a winning formula. The neighbor had what is basically infinite resources.?ÿ