Any lawyers in here? Looking for legal advice on shared property line destruction by neighbor

Have a property line that has had cedar hedges since houses were built in 1950s. Came home from work and the neighbor had a company come in and cut the main top sections off the entire hedge row without my permission or approval. Not the branches on their side, the entire main trunk section of the hedges were cut about 8 ft short… I’m assuming this isn’t legal?

privacy and hedges are pretty much destroyed

 

Have it surveyed and go from there. This would be the easiest way to get it so both parties understand what is what.


Once that is determined then one can go from there. Easy peasy!

 

This^^^^^

 

Many people don't know where their property lines actually are. Just because you found an iron stake or concrete monument doesn't mean those are the boundaries. Read your deed very carefully. I have a few concrete monuments that are over 3 feet from the actual property lines.

 

Best advice I can give, Lawyer up and have them retain the surveyor .

We purchased our 1st home from my in-Laws and not 2 months after taking ownership the neighbors put a split rail fence across a "Paved drive"

that my In-laws had paid for & used for dam near 20 years....

Things went a "Little side-ways" when I backed my Peterbilt through it BUT our attorney that handled the sale quickly "Did his thing" and a

"Quick title " put everything back to original use....New Hampshire relies on past & current use...

Good luck and be vigilant , New England land deeds were drawn up back in the day when your "Mark & Handshake" stood for something..

 

But what happened to their house??

 

THAT VIEW!!

 

I’m retiring in about 4.5 years so thats perfect timing! Ha! Looks like a prefect retirement location… except for the cost of living out there.

 

Yes, I know that for 100’ of very mature Cedar hedges at over 50 years old they would be valued at a significant price. My town assessor is of no help aside from the grid map of lots but does not provide any marker to measure from. How would a surveyor be better able to determine true property lines if the town I pay taxes to cannot? Still looking for my deed LOL. I have onX, and looking at the property line there, it would appear I own the entire hedge row.

 

You could have had that thing surveyed by now but until you do all of this does not matter. Get 1500 dollars together and have the local surveyor come out and survey the property and go from there! Once you get it surveyed you can ask the person to make amends if they do not then off to small claims court or hire an attorney and let them handle it for a price I am sure. Small claims cost very little but you would have to call the clerk and ask what the limit in your small claims court is? We are waiting to see and hear what is going on?????

1500 seemed to be the going rate for a long while but with everything I am sure prices have gone up. We bought an acreage once and ended up having to get the whole section surveyed because the markers in the center of the road were off!!! (From 1946). All 5 farmers loved me and they all finally knew where their fields lines were!! but not a one pitched in. The surveyor took pity on us and it wasn’t bad plus we had the whole town talking about it for a couple months so it was worth every penny!!! The coffee shop in the mornings were fun!!!!

 

I'd confirm the trees are within your platted boundary line. Depending on the state, if the trees were indeed on your property, you could be entitled to "treble" (triple) damages. I defend these types of lawsuits in Washington. But to be completely honest, litigation (especially with your neighbor) is not fun at all. It likely will drag out, you'll end up hating each other, and one of you may even feel the need to move by the time it's over. I'd recommend trying to resolve the dispute outside of litigation if at all possible.

But first step is to confirm trees are on your property and then hire a lawyer to make a claim to your neighbor's insurance company. Their insurance company will evaluate the claim and decide whether to settle it or force you to file a lawsuit. This is not legal advice. Hire an attorney to advise you.

Good luck

 

So I’ve called every surveyor within a couple hours and they’re all “booked months out and will call when we have time to talk.”
By the time I get a surveyor here and define the property the 90 year old neighbor will probably be passed. Her daughter called all the shots and hired the company for the work to be done.

On another note, I was listening Corinthians today while working and I feel I was being spoken to. Part of the discussion was about suing neighbors and taking them to court. I don’t want to get reprimanded for going any further on the board lol. With all the surveyors tied up and the message I listened to today I am just going to sit idle until the phone rings.
I am still not happy about the situation at hand but ultimately my hands a pretty tied

 

My wife and I have tried to have the civil discussion with the owner and her daughter and the conversation was continuously deflected to other topics and they both failed to take any accountability

 

There are some EPIC tree law threads on Reddit. That shit IS NOT cheap. Definitely go talk to an actual lawyer about this.

Edit: https://www.reddit.com/r/treelaw/

 

Attorneys usually have contacts with surveyors they use frequently and may be able to call them on your behalf to get them out there sooner. But involving attorneys does make things more complicated/hostile. One could draft a letter on their letterhead and send it to your neighbors. You could request that the letter not be so much of a "nasty gram" but more of a "FYI, please contact your insurance company and notify them of this claim."

 

I can’t believe they are all months out from a survey. When someone purchases a home most times there has to be a survey? but maybe not where you live. Everyone is talking attorneys, you can not do a single thing until you have a survey. Attorneys cost money this is a fact. I would call a local realtor and ask who they would suggest for a surveyor. This way you can get on the list. If it takes a few weeks at least you will know you will have it surveyed and at that point you can go from there.

Small claims court cost very little and some have high limits and you do not need an attorney for that. If and when you get a survey this will tell it all and should be a slam dunk in front of a judge. I would think you have some more work to do, find a realtor and see if when buying a home does it have to be surveyed if so see if they have a recommendation for a survey company. There is no need for an attorney to get your property you own to get it surveyed. If it really is going to take 12 weeks then it is what it is. Walking into a survey company and asking them how much they charge does not cost a penny and at least then you can begin to get some numbers together. Do not call them walk into the office and find out how much they charge to survey a residential lot. Best of luck to ya.


Walking into a Surveyors office is better than a phone call. This way you can explain it is just for a residential lot and they might move you up and find time for a forty minute job to squeeze you in at the end of an easy day for them?? It surely can not hurt and at the same time they can tell you how much they will charge.

 

The bump on this post reminds me of a situation I've been driving by in my own neighborhood for the last month or so.

Quaint little 70s/80s neighborhood, 1/4 - 1/2 acre lots, mix of ranches and a few raised ranches. Just a normal, established neighborhood.

A corner lot has large evergreen bushes providing privacy across all three side that aren't the street. These evergreens were about 15-20' tall.

To their left (east/southeast facing), the house next door sold. Equipment showed up and the lot was cleared within a few days, including the evergreens and one hardwood tree on that line.

That was over 3 weeks ago and not a single thing has happened since, except the entire.proprrt has been staked, and wouldn't you know it, everything cut down is feet outside of their property line, including that hardwood tree.

I told my wife about this thread and she also had no clue about all the laws, but we're curious to see how this shakes out, bot h locally and in this thread.