Legal Question in Real Estate Law in California

Re: illegal tree cutting

Well, if you're relying upon the Code of Civil Procedure section (733) covering trespassory cutting of trees, probably not. As I read this section and cases applying it, you get 300% of the market value of the timber, plus the usual costs of suit awarded to the winning party, and that's it.

This law is designed mainly to protect owners of commercial timber rather than landscaping trees, however. You may be able to get more if you sue on the basis of the dimunition of value of your home without the trees.

In other words, if your actual damages are more than three times the stumpage value of the trees, I see no reason why you couldn't ask for and be awarded said actual damages.

You might want to ask a local real estate agent about the effect on your property's value. Then if what you're offered by the insurance company is far from adequate, take the matter to a local attorney who can see the situation on the ground and work with you to develop a demand and, if necessary, a lawsuit to back it up.

Re: illegal tree cutting

I agree with Mr. Whipple. If the value of the property was $500,000 because of the privacy or beauty offered by the trees, and it is now only worth $425,000, you would be entitled to the loss in value of the property.

You would probably need an affidavit from 2 or 3 real estate agents to that effect. If you are in the Bay Area, let me know, and I can refer you to some agents I know.

Re: illegal tree cutting

Just to add to the previous replies, you may allege punitive damages as well which would be based upon the financial asests of the defendant. Call me directly at (619) 222-3504.

Re: illegal tree cutting

I have read and agree with all three of the previous attorney responses. You should hire an attorney who is most local to your location at a fee arrangement that you feel confortable with. You will need expert witnesses who can testify to the value of the trees as well as your own testimony at trial.