Friday, May 21, 2010

My neighbor cut 115 privacy pine tress on my property and a lawyer said it would cost me more in Attorney fees

My neighbors cut down 115 privacy pine tree's on my property and I called a lawyer today to ask about esthetic value to make them pay and he said it would haft to go to a jury and that it would cost me probably $20,000 in fee's only to get mabie $3,000. Does that sound right? I only have a 3 acre lot with a house but still those tree were planted there for privacy and they have been growing for 14 years. My neighbors knew we owned out to there because we told them, but they were trying to say that there was supposed to be a 40 ft right of way there that they were opening back up. We had to pay $1,000 to have our property re-serveyed to prove that there was no such thing. They are part of a subdivision but we are not. They also constructed their driveway on our land which there is a fence up now but the damage is done and the road is of no use to us. I am furious! I want them to pay for the damages they have done to my property, and I cant even go outside in my yard without being cussed

My neighbor cut 115 privacy pine tress on my property and a lawyer said it would cost me more in Attorney fees
call a different attourney - get a second opinion.
Reply:The attorney fees sound a bit exorbitant. I suggest looking for another attorney. There is probably not a lot that you can get out of it other than perhaps a modest settlement, but there is a matter of principle as well and you should nnot have to endure the mocking of a neighbor who takes advantage of your property. Try small claims, no attorneys, just the burden of providing a preponderance of the evidence.
Reply:Talk to another lawyer.





The $3000 is way too low. From what you describe, you are not only entitled to the value of the trees, but punitive damages as well. What your neighbor did was an intentional trespass. This was not mistaken negligence.





A competent attorney should be able to settle this without a jury trial.
Reply:First you need to determine how much it will cost to plant 115 new trees. If it's less than $5000, then sue them in small claims court where an attorney is not needed. If it's more, then find another attorney.
Reply:crap. I'd talk to another atty; and you should have a right to recover your atty fees in a case like this
Reply:Yes, definitely talk to another Lawyer. You should have called the police when you found the trees cut down/missing. Did they at least have the decency to haul the trees away or just leave them laying in your yard? I'd be furious too!
Reply:Lawyers aren't all the same. Find a good one.





He's totally mistaken on the value of those trees. Even as pulp-wood, they're probably worth around $30,000, and the replacement cost of the privacy barrier is probably well over $100,000. The diminishment in value of your house between the loss of the trees and the encroaching driveway is probably even more than that.





As they say with doctors, "get a second opinion".





*** The cost to plant NEW trees is irrelevant. You lost the value of fourteen year old pines. Seedling pines cost about a dollar or two each. The proper value is either the loss of your property value, or the cost to put trees of the same height back where those were.





Also, you don't want the rental value of the driveway. You want it removed. Period.
Reply:I would definitely talk to a different lawyer... and I would call up nurseries in your area and ask them for a written estimate to replant 115 - 14 years old pine trees... It's going to be pricey! You also have emotional distress, loss of value to your property, damage to the soil (tire tracks that will have to be smoothed over, etc) The neighbor should also be required to pay ALL fees associated with the court/lawyer... On a side note, what happened to the trees once they were cut down? If your neighbor used any of them, you have theft charges...


I would take the nursery estimate and your survey to your neighbor and see if you can get any satisfaction (chances are, you won't) then I would find a lawyer and sue the pants off him!
Reply:The lawyer you talked to sounds like an idiot. If he is a small town lawyer and works by himself, he feels there is not enough money in it for him to help you. Go to a major law firm like Binder and Binder or whoever and tell them your case. First you have to be able to prove that they did it. Then you can sue, your lawyer will represent you, if you win, the loser will have to pay attorney's fees and all court costs, etc. and for the loss to you. Your attorney should be able to get rental fees for you for the driveway access on your property and other things. Go to a lawyer who knows what he is talking about. A large firm will take your case, make sure it is contingent on they only get paid if they win the case for you.


1 comment:

  1. You can get paid for the STumpage. 14 year old pines would sell for pulp wood. In most states they are liable for the stumpage times 3 which I would imagine would be way more than 3000 dollars. Get a lumber man out there and have him do an estimate of the value of the wood. It does not matter if they simply cut and hauled away. They essentially stole your trees. As far as the road they put in that is destruction of private property and I would make them liable to return it to it's original state. At this point they have devalued your property. As for your attorny he is insane. Speak to an attorny who is familiar with your states lumber rights. Do not file it as they took some of just decorative value. Do it based on the income the trees could have provided should you have chosen to have them cut and sent to a mill.

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