Living in KS:The whole side of my street backed a tree line of two-hundred year old trees, thus we had a valued lot when first purchased. A new neighbor decided they didn't like the large trees, and without any permission cut the majority of them down. Now, we have a sunny lot. After a survey was performed, and several different police visits due to continued cutting after warnings, the survey shows 90% of the trees cut were mine. The police refuse to press charges and say its a civil matter. We have an attorney and are starting the process. Is this case pretty cut/dry in court? What does KS law say on cutting stumps from someone else's yard with no permission?
Country relating to Question: United States
State (if USA): Kansas
Contacted police on three different occasions in a couple week period to report cutting. Paid for a certified survey. Tried to get police to file trespassing/destruction of property criminal charges, but the prosecutor's refuse, saying its a civil matter. Hired an attorney and starting the process.
Thank you for the post, I am happy to assist you by answering your questions. Just so that am clear, are the trees on your property?
The trunks of seven out of the eight large trees that were cut were on my property. The eighth tree on their property obviously had limbs on my property, as well.
In Pierce v. Casady, 11Kan.App.2d 23 (Ct. App. Kan. 1985) the court ruled that a landowner may force a tree owner to abate a nuisance if the tree branches do harm or create imminent dangers. However, absent such a nuisance a neighbor cannot trespass upon another's property and cause harm in the form of cutting trees to suit personal preferences. In this case, therefore, you have grounds to sue your neighbor for the damage to your propert as a result of the tree cutting and seek as damages the replacement value of the trees and installation; or in the alternative the sum by which your property lost value as a result of his/her actions. Please let me know if you need additional guidance or have any follow up questions.
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