Legal Question in Civil Litigation in Florida
Trespassing--Cut my trees
Next door neighbor is putting in a pool. Cleared his property and mine (on Brooker Creek Preserve). Considerable damage. Many very tall trees taken. Removed all trees without any permits. Permit applied for a week later. He claims to have no knowledge of how my trees were cut and the preserve area behind my home cleared. What can we do if we didn't see him or whoever he hired do this damage.
4 Answers from Attorneys
Re: Trespassing--Cut my trees
You can file suit. If you would like to pursue this matter or obtain a consult please call my office.
Re: Trespassing--Cut my trees
Contact the local authorities and they will investigate the matter. What you have described is a crime.
Re: Trespassing--Cut my trees
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
You are in a catch 22. If you file a criminal complaint against your neighbor, your neighbor will probably dislike you at the least and most likely there will be ill relations for the length of time that the two of you live next door to each other. Further, filing a police complaint will not resolve your problem regarding the loss of your trees.
Alternatively, you can hire an attorney to send a letter and try to work a resolution out with your neighbor. If they refuse, you will be forced to file suit to recover and damages for their wrongful act. This may prove costly and again their will be poor relations between the neighbors and you. This matter requires careful thought.
Scott R. Jay, Esq.
Re: Trespassing--Cut my trees
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
You are in a catch 22. If you file a criminal complaint against your neighbor, your neighbor will probably dislike you at the least and most likely there will be ill relations for the length of time that the two of you live next door to each other. Further, filing a police complaint will not resolve your problem regarding the loss of your trees.
Alternatively, you can hire an attorney to send a letter and try to work a resolution out with your neighbor. If they refuse, you will be forced to file suit to recover and damages for their wrongful act. This may prove costly and again their will be poor relations between the neighbors and you. This matter requires careful thought.
Scott R. Jay, Esq.
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