Neighbor has elected to damage over 20 trees

[747driver]

Our not so lovely neighbor who has been a pain in the rear for over 6 years has went to far this time ! He has a penchant for going on the other neighbors property and doing damage in cutting trees down. We live in the Cherokee National forest in Tenn. Somewhat remote location where we have 24 acres and the neighbor has 2 acres. His property is in a ravine and only had a very small level area to build his house. We had to put 2,000 feet of wire fence up so our dogs wouldn't go on their property....hence he is somewhat confined to his property. There is a private road which gives access to the other 8 land owners.

He is not happy that the stone road is only 12 ft wide and pretty much wooded on the sides. So he has taken it upon himself to start widening the road and then taking the dirt and rock he dug up and putting it on his property ! We recently purchased 2.5 acres 3 months ago that runs along the road where he is clearing. Our property is across the road from his place. He has cleared a 6 foot wide by 180 foot long section. In his process he has damaged 20 trees which are on our property by exposing the roots and gashing the trees from his tractor. There also 4 tree stumps where he cut the trees down and then threw the stumps on our land.

We have talked to him twice about the clearing he is doing. Both times we talked he didn't know we had bought and now own the land. Later he knew we had bought the land so we thought he would quit his clearing project. After being gone for 3 weeks in June on a trip, we come home and he went back to clearing the land. When we talked to him earlier his claim is the road is a access road and he has every right to clear what he wants !

So this week we went to the Sheriff and filed a complaint for trespassing and property damage. We also have our lawyer involved but trying to decide which legal way we want to go. 2 landscape bids to replace the damaged trees ( white pine ) is between 3 and 6 thousand $$. We can let the Sheriff handle the case or go with our lawyer. The sheriff can order a Criminal Summons or Criminal Warrant ( we would do a Summons ) in which he will have to go before a judge and plead guilty or innocent. Then the judge will review our photos and landscape bids to render his decision. Since the bids are over $1000 it would be considered a Criminal Felony.

If we go with our lawyer to sue him for Criminal damage then the cost for us for the lawyer would be around $5000. Would it be wise to let the Sheriff prosecute him or go with our lawyer ? Going with our lawyer would better present our case vs letting the Sheriff who would to us not go into as much detail ?

We want to hear what other TBN people think and thoughts.

Thanks for viewing my long post ! I will post photos after I get done writing here.

 

[Jstpssng]

You will get some good advice here, and some not-so-good. My suggestion in the end is that you listen to your lawyer, as that's what you are paying him for. Does he think there is any chance that you will be able to recover the fees which you pay him?

 

[TheMan419]

How collectible is the $$ from the guy? Does he have a job? Getting a judge to say he owes you the money is one thing. Actually getting the guy to pay it is another.

Personally I would want the criminal complaint filed.

 

[747driver]

Our not so lovely neighbor who has been a pain in the rear for over 6 years has went to far this time ! He has a penchant for going on the other neighbors property and doing damage in cutting trees down. We live in the Cherokee National forest in Tenn. Somewhat remote location where we have 24 acres and the neighbor has 2 acres. His property is in a ravine and only had a very small level area to build his house. We had to put 2,000 feet of wire fence up so our dogs wouldn't go on their property....hence he is somewhat confined to his property. There is a private road which gives access to the other 8 land owners.

He is not happy that the stone road is only 12 ft wide and pretty much wooded on the sides. So he has taken it upon himself to start widening the road and then taking the dirt and rock he dug up and putting it on his property ! We recently purchased 2.5 acres 3 months ago that runs along the road where he is clearing. Our property is across the road from his place. He has cleared a 6 foot wide by 180 foot long section. In his process he has damaged 20 trees which are on our property by exposing the roots and gashing the trees from his tractor. There also 4 tree stumps where he cut the trees down and then threw the stumps on our land.

We have talked to him twice about the clearing he is doing. Both times we talked he didn't know we had bought and now own the land. Later he knew we had bought the land so we thought he would quit his clearing project. After being gone for 3 weeks in June on a trip, we come home and he went back to clearing the land. When we talked to him earlier his claim is the road is a access road and he has every right to clear what he wants !

So this week we went to the Sheriff and filed a complaint for trespassing and property damage. We also have our lawyer involved but trying to decide which legal way we want to go. 2 landscape bids to replace the damaged trees ( white pine ) is between 3 and 6 thousand $$. We can let the Sheriff handle the case or go with our lawyer. The sheriff can order a Criminal Summons or Criminal Warrant ( we would do a Summons ) in which he will have to go before a judge and plead guilty or innocent. Then the judge will review our photos and landscape bids to render his decision. Since the bids are over $1000 it would be considered a Criminal Felony.

If we go with our lawyer to sue him for Criminal damage then the cost for us for the lawyer would be around $5000. Would it be wise to let the Sheriff prosecute him or go with our lawyer ? Going with our lawyer would better present our case vs letting the Sheriff who would to us not go into as much detail ?

We want to hear what other TBN people think and thoughts.

Thanks for viewing my long post ! I will post photos after I get done writing here.

Photos of tree damage and soil removal.

 

[747driver]

How collectible is the $$ from the guy? Does he have a job? Getting a judge to say he owes you the money is one thing. Actually getting the guy to pay it is another.

Personally I would want the criminal complaint filed.

I will be going to the Sheriff on monday with a landscape bids. They won't file until I give them a monetary figure. He is retired. If he doesn't pay then I would file a Lien against his property.

 

[747driver]

You will get some good advice here, and some not-so-good. My suggestion in the end is that you listen to your lawyer, as that's what you are paying him for. Does he think there is any chance that you will be able to recover the fees which you pay him?

The lawyer will ask for fees to be paid by the neighbor.

 

[CalG]

I bet those tree roots will end up subject to "remediation". Not replacement.

Who owns the right of way? Owning the trees adjacent to a communal access road gives the tree owner nothing, if it is in the right of way (or easement ) controlled by another.

I may have missed something in your description, something about "others, access road".

Heck, You may not have any say over those trees, but neither might the offending neighbor.

 

[747driver]

I bet those tree roots will end up subject to "remediation". Not replacement.

Who owns the right of way? Owning the trees adjacent to a communal access road gives the tree owner nothing, if it is in the right of way (or easement ) controlled by another.

I may have missed something in your description, something about "others, access road".

Heck, You may not have any say over those trees, but neither might the offending neighbor.

There is no 'easement or right of way' along the road, The property on the edges of the road belong to the property owner. Its a private road maintained by the various home owners.

 

[John Fitzgerald]

If it was mine, I would probably just let it go. For me, it wouldn't be a fight worth picking. What good is an empty judgment?

 

[zzvyb6]

Do Not depend on the County Sheriff's process to settle your claim. Have your lawyer file suit in District Court. For a settlement, ask for real damages, court costs and punitive damages (non-taxable !). It is very possible his homeowners insurance will cover all your damages. Be prepared for a counter-suit (damage to reputation, loss of income, even loss of partner relations [as in sexual dysfunction]. Don't laugh, its all just scare tactics. You want a personal protection order, too (stay away from my property, my home and my family), which he may not obey, its just for your next of kin's interest.

I've gone thru some of this. At minimum, you want a claim on his deed in case he tries to sell out or turn bankrupt to escape judgement if you don't get 'relief'. If there is Federal land he's messed with, have them lead the way.

There are some who will suggest you ask him over for dinner, have a nice social chat, kisses and hugs and all that crap. Forget it. I'll bet you won't wind up in court, but in front of a Magistrate asking for a compromise. Watch out for him claiming all the things YOU did to his land,etc, but this is how America now works.

Be sure to get lots pf pictures, (before and after is necessary). Drone videos are the latest rage. Hire it done so you don't get into a situation that "muddies the waters". Make sure you have a precise survey (not a mortgage survey). You want corner stakes, monuments, the whole shooting match. Try to settle before trial for cost savings. Try to appear reasonable in that all you really want is your property restored.

Worked for me. Lawyer + survey ~$10k but worth every penny. Cable company tried to install poles, guy wires and fiber optic cable. Said they had approval of the Federal Communications Act of some year. My damages were $1000 per day until equipment removal occurred, BUT THEY WERE NOT ALLOWED ON MY PROPERTY TO REMOVE IT !!!

I took my very valuable time to get the job done.