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My new neighbor bulldozed his brush and timber off his

Customer Question
My new neighbor bulldozed...

My new neighbor bulldozed his brush and timber off his property onto mine. We are talking about 100's of big trees in a 1/2 mile of property line.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

It is in MO

Lawyer's Assistant: Has any paperwork been filed?

No... he just came out here and pushed his trash on to my property.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am trying to sell my property and have it listed with an real estate agent. The best offer I have is over $20,000 less than the appraised price. The difference is the bulldozer damage to my property.

Submitted: 6 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
12/23/2017
Real Estate Lawyer: Loren, Lawyer replied 6 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,799
Experience: 30 years of real estate practice experience.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

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Customer reply replied 6 months ago
are you really a lawyer and not a scam site? I have a real tort here, so convince me you are real!
Real Estate Lawyer: Loren, Lawyer replied 6 months ago

Your neighbor has committed a civil trespass and you can sue them for your damages. Since the debris can be cleaned up, the damages are the cost of the clean up, rather than a diminution in value. Though, you can request both in the alternative.

While you can pursue this pro se, it is strongly recommended you retain a commercial litigation attorney to represent you. If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys, themselves, use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

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Real Estate Lawyer: Loren, Lawyer replied 6 months ago

Yes, I am a licensed attorney and have been in practice almost 35 yrs.

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Real Estate Lawyer: Loren, Lawyer replied 6 months ago

Did you have further questions? Have I answered your question? Please let me know.

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Customer reply replied 6 months ago
No. the damage cannot be "cleaned up." Many of the bulldozed trees were on my property. How do you repair, replace, or "clean up," a 100 year old oak tree?
Real Estate Lawyer: Loren, Lawyer replied 6 months ago

Sorry. I was under the impression from your description that this was debris pushed onto your property from another.

If clean up is not possible then go with diminution in value. Either one, or a combination of both, will work as a potential measure of damages.

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Real Estate Lawyer: Loren, Lawyer replied 6 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

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