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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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March 2016 our neighbor came over reached across our

Customer Question

March 2016 our neighbor came over reached across our adjoining property fence and cut down our 28 year old tree and fell it into his pasture. We called the sheriff and they came out and took statements.Previously this same person sprayed what we think was creosote on 12 of our 20+ year old trees on the same adjoining fence. This was in 2014 and the sheriff was called then also and they took samples of the bark and substance that was sprayed from within our yard. The bottom half of the trees were dead in 2015 but there were still life in the tops of the trees. In Sept 2015 he came over again and sprayed weed killer on all the trees and parts of our lawn. The tree that he cut down in March was just barely maybe an inch or so over our property line. We have tried to keep the trees trimmed but never to his satisfaction. We also have an existing legal right of way of 30 feet to get to our property. It was a pre-existing right of way that was established when the property was subdivided in 1979. He keeps building fences, structures and stacks of wood on the right of way until we have only 15 feet space in some places. We want to farm our property which is 40 acres and we can't get the equipment in to do so because the road is so blocked off by the neighbors infringement on it. We are in southwestern Montana.We just want to know what our legal rights are regarding all this so we can get it resolved.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  DrakeLAW replied 1 year ago.
Hello and welcome to JustAnswer, my name is ***** ***** I am an attorney. Please note:This is general information for educational purposes only 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. This question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms. By continuing, you confirm that you understand and agree to these terms.That is awful, I am sorry to hear about this problem. Neighbor problems can be one of the hardest to deal with. So you may have a claim for money damages for the tree issues but for the easement/right-of-way you would need to get an injunction. The injunction will order your neighbor to not interfere with the easement/right-of-way, then, if he continues to do so he can be found in contempt of court and face jail or money penalties. Does that answer everything?
Customer: replied 1 year ago.
Will an injunction force him to move all the existing infringements off of the right of way?
Customer: replied 1 year ago.
I have done much research and your answer doesn't seem quite adequate for the question about the trees. There are
laws to keep people from destroying other peoples property especially trees. The tree was on our side of the fence and
he just took a chain saw and cut it down. I think that I have more knowledge about this and I don't think it is fair that I pay
the full $36 for something that I already knew. I thought that with your legal expertise there would be some help in how to deal with that. Maybe this isn't a real estate problem and I should talk to someone else. regarding the trees and trespassing. I do appreciate the info on the injunction and will look into that further.this.
Expert:  DrakeLAW replied 1 year ago.
Well that is specifically why I asked if that answers everything. I don't know what you know and don't know and I am not going to write a legal thesis on the first response. Yes, if you have a valid easement, he will be required to move all existing infringements.I just re-read your initial question and I see no specific question about the trees. What specifically is your question about the trees and I will answer it to your satisfaction of adequacy. If your question is what you can do about it, you can get an injunction ordering him to not touch the trees or, as I said, you can sue him for money damages for the damage that he has already done. You can call the cops to press charges but you have already done that and it didn't sound like they were willing to press criminal charges.

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