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Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7280
Experience:  I have 15 years experience in the legal field, currently specializing in criminal and family law
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An uphill neighbor just cut down over 100 trees and left them

Resolved Question:

An uphill neighbor just cut down over 100 trees and left them where they fell leaving a dangerous slide potential for us living below him what do we do. He also took out 30 of my trees on my property without permission
Submitted: 5 years ago.
Category: Legal
Expert:  Joseph replied 5 years ago.

Hello and thanks for choosing Just Answer®. I am a licensed attorney, and I will be glad to try and assist you.

 

To provide you with accurate information, could you please clarify these points so I can best address your inquiry:

 

  • What is your relationship like with the neighbor? Can you speak with him or no?

 

 

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

 

Thank you.

Customer: replied 5 years ago.

i have no experience with him other thab to know this is the second l=slide area to be greated when he cut down trees in the fall for a view and alll hell broke loose. This time me sent peole down on to the botton neihboor s proroperty to also cut down their trees and lef the whole mesS

 

 

THEY FELL HUNDREDS OF MY NEIGHBOORSW LREES TO IPORVE GHIS VIEW OF THE WASTER. noW WE ARE IN REAL DANGER OF BEING COVERED WITH MUD THIS WINTER JUST LIKE LAST. tHE MESS HE HAS LEFT ON THE PRPPERTY LOW IS ON THE OCEAN AND THEESE CREEPS LIVE UP STAIRS JUST WANT A PRETTY VIEW. wHAT ARE WE DO DO AAAAAAAAAAAAAAAAANOW...........

Customer: replied 5 years ago.
who can I sue>>>>> \should I put leans on his house>>>>> take him to small calims courlt or just shoot him?
Expert:  Joseph replied 5 years ago.

If you are able, you might just go speak with the neighbor. You could tell him of your concerns and request that he clear the downed trees. Further, you could let him know that he took down trees of yours as well. As to that, you might propose a settlement to resolve this issue.

 

If you prefer to avoid direct contact, you might consider writing a demand letter. Such a letter would "demand" a particular response. Here, that would likely be the removal of the trees and compensation for the trees of yours that he removed.

 

As a final resort, you might consider a civil lawsuit. While there is currently no basis for a lawsuit regarding the downed trees, you could certainly sue for the destruction of your trees.

 

As to the demand letter and the lawsuit, you could potentially handle these on your own. However, it would certainly be prudent to consider retaining an attorney. A competent civil litigator in your area would be familiar with the local rules and could help ensure the best possible result.

 

Please let me know if anything requires clarification.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Customer: replied 5 years ago.
How can I make sure he doesn't sell the prorperty and walk way frm the slide and the tree mess?
Expert:  Joseph replied 5 years ago.

Do you have reason to believe the house will be sold soon?

Customer: replied 5 years ago.

There is a for sale sign out front and a lock box on the door

Expert:  Joseph replied 5 years ago.

If you got to the point of filing a lawsuit, it would be possible to file a lis pendens. This is a formal court document that serves as notice to any potential buyers that the property is the subject of an ongoing litigation. It's similar to a lien in that it would come up during any search for the property and would impede any sale.

 

And, of course, the housing market is still quite poor. As such, it is rare for homes to be sold quick these days. Meaning, you probably do not need to be concerned.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

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