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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36982
Experience:  16 years real estate, Realtor. Landlord 26 years
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My neighbor trimmed 5 of our flowering plums and cut down at

Customer Question

My neighbor trimmed 5 of our flowering plums and cut down at the fence line 4 oak trees. What do I do to protect myself and let my neighbor know I could file a lawsuit?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Barrister replied 11 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Were the tree limbs crossing over the property line onto the neighbor's land?

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thanks

Barrister

Customer: replied 11 months ago.
I have been reading the tree rights and responsibilities and some of the branches were over the fence line but he cut down 4 oak trees below the existing fence height. He cut branches that were on my property and not over his fence line. He hired a tree person and they cut trees on my property.
Customer: replied 11 months ago.
Where is the best documentation to print to give to him and show him I could file a law suit and I may just do that. He has agreed to remove the stumps that are remaining from the oak trees at his cost but I would like him to know that he was wrong and may need to buy us new replacement trees.
Expert:  Barrister replied 11 months ago.

Ok, as you are likely aware, he has a legal right to cut anything that crosses the vertical property line over onto his property as long as he doesn't kill the tree.

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But if he cut trees entirely on your property that weren't crossing over, or cut branches that were on your side, that is a trespass and damage to your property.

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Your best recourse to get your point across is to have a local attorney send him a "cease and desist" and a "demand" letter threatening to sue him for damaging your personal property and for trespass if he doesn't remove the stumps and replant new trees and if he ever trespasses on your land again.

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thanks

Barrister

Customer: replied 11 months ago.
What would a local attorney charge to send him a cease and desist and demand letter? What are resonable fees?
Customer: replied 11 months ago.
What type of attorney would I want to find?
Expert:  Barrister replied 11 months ago.

I would opine that just a letter should run in the $100-150 range and any real estate or general civil attorney could handle it.

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Yes, they definitely cut the trees on your property, no questions about it and I might take them to small claims court for the cost of having similar trees replanted on the property..

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thanks

Barrister

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