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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 101335
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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The Trail org cut down small trees and mountain laurel and

Customer Question

The Baker Trail org cut down small trees and mountain laurel and made a trail on my property without permission. What are my rights and what can I do?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. It sounds like the organization was told and/or has reason to believe that the US Army owns that land, but you say you do.

What someone in your situation wants to do is to threaten (or file) suit in Court to get this matter resolved. To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

Herein, several causes of action come to mind:

CIVIL TRESPASS against the organization. Self explanatory.

NUISANCE against the organization.

One is subject to liability for private nuisance if, but only if, his conduct is a legal cause of an invasion of another's interest in the private use and enjoyment of land, and the invasion is either:

(a) intentional and unreasonable, or

(b) unintentional and otherwise actionable under the rules controlling liability for negligent or reckless conduct, or for abnormally dangerous conditions or activities.
Diess v. Pennsylvania Dept. of Transp., 935 A. 2d 895 - Pa: Commonwealth Court 2007, citing 2nd Restatement.

QUIET TITLE - this is a cause of action to ask the Court to determine who owns the property and controls it, and by extension, if the easement should be allowed or voided.

While the suit is pending, one can ask for temporary injunction from use the easement from the Court, as well.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.