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Ask CalAttorney2 Your Own Question
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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We sold 80 acres m/l of bottom land to a farmer and in the

Customer Question

We sold 80 acres m/l of bottom land to a farmer and in the last week he bulldozed trees over on us, We kept our house and 12 acres m/l, and crossed the property line by 100 yards by 200 yards length and tore up our land that we kept along with bulldozing creeks in. We need to see if the creek was blue lined or not nut het did not abide by the agreement we signed.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

While it is difficult to tell you without knowing whether or not the damage done to the creek and surrounding property is on your land (withheld from the sale), if the damage was in violation of your agreement - you have a claim for breach of contract.

With regard to the damage that he did to your property (the bulldozing of your trees, damage and placing slash/debris on your property), that is a cause of action for both trespass and "damage to real property" (both of these can be pursued as intentional torts which entitle you to "compensatory damages" - meaning the amount of money necessary to fix or repair the damage, and "punitive damages" - meaning an additional amount of money set by the courts to punish the defendant for their intentional conduct.

Given the scope of the damage done, I would highly recommend you speak to a local attorney (you can try prosecuting this yourself, but I would at least recommend you meet with a local attorney to go over your strategy and ensure that you have covered all of your potential damages and claims first).