I now have a changed view of neighbors unmaintained property. he has my wood for personal use. he has planted a new border of evergreen trees to look like his property has expended. I need appropriate lawyer and cannot locate appropriate one for this matter.
There are many claims you can make. And sadly this is a common issue. We have litigated cases based on similar mistakes, such as where a neighbor removed 100 mature trees and cut a circular drive in half, by mistake (the client found out when he arrived home from work), and in another case an old wood barn was "salvaged" by a neighbor thinking it was on his land. Your first question is whether the other fellow has a competing survey, or if your survey will determine the boundaries. Was he acting without benefit of a survey?
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This is not a solicitation, however, my firm has extensive experience in dealing with boundary disputes, damage to property etc. you should engage an experienced real estate litigator versus a real estate transactional attorney.
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Sounds like you can recover the "value" of the trees. The removal of the trees without permission (like coming on the property in the first place is actionable.
The big issue will be determining what is the value of the trees and the damages. On the one hand, what did he/she do with them? Sell them? if so, that's one measure of damages. did the removal otherwise affect the value/marketability of the property? for example, does it affect a tree screen providing privacy for a dwelling etc?
The last time I saw a case like this there were damages b/c the trees were removed by the homeowners association, and removal of the trees took down a privacy tree stand --- the homeowner hated the removal of the trees that had been on their property and had screened their backyard from the road. But, it was very difficult to ascertain specific dollar value of what those damages were.
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