Legal action?

[dirttoo]

Hi, I have a problem! We had a nice row of Arborvitaes next to our house. It was about 80 feet long row of 25ft +- tall trees. The next door neighbor has for several years occasionaly mentioned he would like to take these out. I have told him each time not to or get a survey to see if they are his or ours. The guy we bought the house from planted them so we assumed they were ours. Well this fall he had them cut down without our permission. There were about 25 of them and the stumps are still there. My wife called me at work and told me that someone was cutting down the trees and she went out and told them to STOP he said he was hired by the property owner and wasn't going to stop. I confronted him when I got home and took pictures of him in action again not stopping at my request. I called the homeowner and was told that the trees were theirs. I called and got a survey done and the trees are close to the line but almost all are on our side. What do I do now? Has this happened to anyone else? Thanks for any help, Marty

[Newt]

Hi Dirt Too,
What a shame! I'm so sorry to hear about this. This has never happened to me, but I've seeb other discussions like this one on Garden Web. Now that you've had a survey done and have photo proof of the trees being removed and by whom, you can sue the people responsible for the replacement cost of the trees that were on your property. Do keep in mind that any tree parts on your neighbor's property can be pruned by them.

I would get in touch with an atty for this.

Good luck,
Newt

[ssansom]

:evil: No wonder you want a hedge between you! I know from disputes in our neighborhood that these things can get nasty and that sometimes it is just simpler to move on. I'm sure a new hedge would cost a lot but what is your time worth to fight it? Also, based on my own experience with an inconsiderate neighbor this fall, sometimes just being the bigger person, acknowledging the infringement and then moving on, makes for a better long-term relationship. Best of luck and patience.

Sarah