Neighbor has elected to damage over 20 trees

   / Neighbor has elected to damage over 20 trees #11  
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.

How wide is the right away for the private road ? does he use the road to access his property ?
Let the Sheriff handle it and save yourself a lot of money
You also might want to get the timber value of the tree's and give to the Sheriff.
Good Luck
 
   / Neighbor has elected to damage over 20 trees #12  
Honestly a felony seems pretty extreme. No guns or voting at the minimum. I think it looks better with the clearing he’s done and you have plenty of trees still. If it were my situation, talking to him like a man hasn’t worked so I’d ask the sheriffs office to visit him and advise him he’s trespassing and continuing to do so is a felony. If he continues he has made a concious decision and the consequences are on him

Brett
 
   / Neighbor has elected to damage over 20 trees #13  
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.

Well, I've never seen that arrangement on any tax map. VT must be different than TN.

Who does own the road? The town? in that case they have an "x-rod width right of way".

You say "private", that means "someone owns it. Who? And How much.
You may be barking up a losing tree.
 
   / Neighbor has elected to damage over 20 trees #15  
Ask your lawyer; but usually a felony charge is totally separate from a lawsuit. You can go through both processes. Done all the time; ala, OJ Simpson. Probably iffy if a judge will asses lawyer fees, court costs more likely. Your judgement value may be grossly less than your lawyer costs. Is the principle of the thing or personal satisfaction worth it? A felony conviction my buy you more grief down the road than you want. Ain't the wild west and a six shooter any more.

Ron
 
   / Neighbor has elected to damage over 20 trees #16  
Try looking up his deed on the property appraiser's web site. You need to be certain there isn't a roadway easement and determine who actually owns the road and how wide it is supposed to be before wasting a bunch of time and money. If the guy has a house on the property it is unlikely he ever got a mortgage without an easement.

I have a 60 wide roadway easement leading to my property. The road belongs to one of the original developers. Both of my deeds give me full access even to the part I don't need to use. One of the more recent property purchasers thought they owned the road and were obstructing it until I straightened them out.

I personally wouldn't depend on a lawyer to get it right. We have several screwed up instances around my land that title lawyers made mistakes on. Try to look it up yourself. I wish I had done more research on some of the road dealings around me before. Our main road coming in used to belong to the federal government as it turns out. One person out of 20 got refused a mortgage because there wasn't and easement on file to use the road to access their property. They convinced several of the other neighbors to form a road owners association unbeknownst to me and got the feds to give the road to the county which insisted the road owners association buy it from them for a dollar. We now have a private road the county charges us to maintain. When I bought the land next door to me it got held up because the idiots that formed the road owners association didn't include the feeder road in the easement. The lawyers handling my deal were trying to get them to give the person selling property to me an easement that he could then transfer to me. That would leave 5 other properties with no easement to the main road. I rewrote the easement myself and got it approved by the lawyers and road owners association president so it corrected all the omissions. In my opinion we no more needed an easement to use that road than we do to get on an interstate highway. It was a known named road that belonged to the feds. This all went down 20 years ago so there is no reversing it now.
 
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   / Neighbor has elected to damage over 20 trees #17  
Try looking up his deed on the property appraiser's web site. You need to be certain there isn't a roadway easement and determine who actually owns the road and how wide it is supposed to be before wasting a bunch of time and money. If the guy has a house on the property it is unlikely he ever got a mortgage without an easement.

I have a 60 wide roadway easement leading to my property. The road belongs to one of the original developers. Both of my deeds give me full access even to the part I don't need to use. One of the more recent property purchasers thought they owned the road and were obstructing it until I straightened them out.

I personally wouldn't depend on a lawyer to get it right. We have several screwed up instances around my land that title lawyers made mistakes on. Try to look it up yourself. I wish I had done more research on some of the road dealings around me before. Our main road coming in used to belong to the federal government as it turns out. One person out of 20 got refused a mortgage because there wasn't and easement on file to use the road to access their property. They convinced several of the other neighbors to form a road owners association unbeknownst to me and got the feds to give the road to the county which insisted the road owners association buy it from them for a dollar. We now have a private road the county charges us to maintain. When I bought the land next door to me it got held up because the idiots that formed the road owners association didn't include the feeder road in the easement. The lawyers handling my deal were trying to get them to give the person selling property to me an easement that he could then transfer to me. That would leave 5 other properties with no easement to the main road. I rewrote the easement myself and got it approved by the lawyers and road owners association president so it corrected all the omissions. In my opinion we no more needed an easement to use that road than we do to get on an interstate highway. It was a known named road that belonged to the feds. This all went down 20 years ago so there is no reversing it now.

I agree with the first part. The title company can pull the dead etc for the property which will spell out the easement width, uses etc. I’d bet it was more than 12’ wide and I’d bet he can’t remove material from the area. But he may be required to maintain it- in which case I’d bet that’s what he would argue.
Without a survey you won’t know who’s or what he’s been legally doing.
 
   / Neighbor has elected to damage over 20 trees #18  
The OP's deed should also show any encumbrances across his land, or at the very least it would have shown up when a title search was done prior to purchasing the land. It sounds like he already knows what his deed says.
 
   / Neighbor has elected to damage over 20 trees #19  
I would be shocked if there is not an easement on the land for the road/driveway. This is something you can check in the Deeds office at the county for nothing. Also make danged sure you know the locations of the lot lines. The county could have parcel maps and it might be online. The information might not absolutely indicate the lots lines but it will be close.

Also verify if there is an HOA in place.

This is a situation that can get ugly and expensive very quickly. It can also trigger events that last YEARS. Be very careful on how you handle this issue. Make sure you have all of the facts before acting.

This is a link to a TBN conversation about easements that took almost a decade to resolve, and in the end, the TBNer lost the case, and if I remember right, over hundred thousand dollars, https://www.tractorbynet.com/forums/rural-living/14251-help-i-need-legal-advice.html

My take on the previous links was that the TBNer was in the right, but in the end, it cost him quite a bit of money and almost a decade of his life dealing with the situation.

In NC, cutting/damaging someone else's trees is a criminal violation and can trigger hefty penalties. You might want to look at your state and local laws. Flip side is that most trees have very little money value, especially compared to the cost of legal fees and mental stress.

If I had all of my ducks in a row about any easement, road work, lots lines, etc, I would let the Sheriff handle the situation.

Later,
Dan
 
   / Neighbor has elected to damage over 20 trees #20  
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.

"There is no easement, or right of way"?
So.... how does ANYONE have legally deeded right of way access?
"The edges of the road belong to the property owner"?
So.... how are "the edges of the road" defined/marked, and who has legally defined/marked the "edges"?
 

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