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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41221
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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My neighbor knowingly cut down trees and shrubs on my property

Resolved Question:

My neighbor knowingly cut down trees and shrubs on my property and piled trees, limbs, dirt and construction debris in excess of 100 cubic yard and impacted approximately 10,000 sq ft of my 2 acre parcel. What can the neighbor be charged with.
Submitted: 5 years ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 5 years ago.
Thank you for your question.

I am sorry that you are in this situation. Are you seeking what actions you can take criminally or civilly against him, or both?
Customer: replied 5 years ago.
Both
Customer: replied 5 years ago.
Ok
Expert:  Dimitry Esquire replied 5 years ago.
Thank you for your follow-up.

Civilly you have the right to file suit for trespass and for "conversion" which is a civil term for theft of your personal property. Since the shrubs and the trees had value, you can sue them for trespassing and destroying that value on your property when he removed them from your land.

Criminally you can file a complain for criminal trespass and for theft of your items from your land. You might attempt to pursue burglary charges but that is highly unlikely to be pursued by the country.

Good luck.
Customer: replied 5 years ago.
The majority of the damage was done when the moved over 100 cu yards of debris from their property to mine and left it in a junk pile in the middle of my property in addition to cutting down trees and shrubs.

Robert
Expert:  Dimitry Esquire replied 5 years ago.
Thank you for your follow-up.

That would also be deemed a trespass, since they moved over their property and put it onto your land without your consent. Whatever damage you obtained due to their action, the value of the clean-up and repair and replacement on your land can be pursued via civil court.

Good luck.
Customer: replied 5 years ago.
Can I pursue criminal charges?
Expert:  Dimitry Esquire replied 5 years ago.
Yes, you can, I addressed that in my original answer--you can choose to pursue criminal trespass charges and charges for theft and destruction of property.

Good luck.
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