Legal Question in Real Estate Law in California

Re: Land trouble

You need to see a local real estate attorney right away. The land development company might have an easement over your land that allows them to do what they did. On the other hand, you might have an claim for damages and for an order removing the road. You haven't provided enough information about the situation to get proper advice regarding this matter. A local attorney could spend time with you to review your documention and inform you of your options.

Re: Land trouble

You have some pretty powerful remedies. First, Civil Code section 3346(a) provides "for wrongful injuries to timber, trees, or underwood upon the land of another, or removal thereof, the measure of damages is three times such sum as would compensate for the actual detriment...." Code of Civil Procedure section 733 says about the same thing in different words.

I'd say figure out whether the value of the trees as timber or their value as items of landscape adding to the market value of your parcel is greater, then go for three times that amount....you probably can't get both values since that is inconsistent.

If the real estate value is more than the timber value, your lawyer will need expert testimony on the value issue. Loss of the sale of your lot at the agreed price establishes the high end of the range; then, you'll need an appraisal of the property, minus the trees, and the difference is your loss.

I'd also verify that the development company had no right (through e.g., an easement) to enter your property and remove the trees. You have to consider their defenses. Also, you might try to get a value figure for the trees as timber. Maybe an arborist or a small logging or milling company could provide some expertise.

Re: Land trouble

The land development company is trespassing. You can rush into court to seek an injuction against the company. The injuction would order the company to remove the road and stay off the property (under threat of contempt of court). Or, if you do not have the financial means to pursue an injuction, you should send a letter to the company setting it up for damages in the event they refuse to immediately remove the road and stay off the property. You should have a lawyer draft the letter. Also, if the trees had value, you can sue the company for their value. Feel free to call or email if you need further assistance.

Re: Land trouble

We would need additional information to assess your situation, including but not limited to docs in the chain of title, easements, how long the road has been there, use of the road, etc.

If the trees were removed wrongfully, and the road placed without permission, and there is no legally justifiable reason for either, then you would be entitled to, at a minimum, damages.

The road would likely constitute a continuing trespass, which would entitle you to an injunction requiring its removal.

We are real estate litigators. If you need assistance, call or email.

Re: Land trouble

You do need to see an attorney expert in real estate law and to show that attorney all the documents you have as to your property. I would first go to the County recorders office and get a copy of all documents on file as to your lot to see if there are any recorded easements on the property. I would also call the developer and without arguing with them find out why they thought they could go onto your land, remove trees, and build a road. If they claim an easement, ask them to fax you a copy of any written support they have. Go there and take a large number of pictures to show what trees are left, the tree stumps of the trees taken down, the road, and the development. Those documents and photos will help any attorney you go to.

It may actually be to your advantage if the buyer backs out of the deal. You need to find out from your attorney what the potential value of the damages caused by the developer are and whether in selling the lot you also sell your right to collect those damages. In all likelihood,, the developer would be willing to buy your lot in order to have the roadway to the development. The damages you collect may be worth more than the price you agreed to sell the lot for. There should have been a title insurance report made as to your lot for its sale and that would show whether there are any recorded easements against the property [if there are but the title insurance company did not pick them up, then you might have a suit against the title insurance company too].

So look upon the situation as being one in which you probably will make more money than just from the sale of your lot.

Re: Land trouble

As you can see, you can sue or pursue a more polite approach. Our CA attorney can assist you if you're still looking for an attorney on this, which you will need.