Legal Question in Civil Litigation in Georgia
Neighbors surveyers cut 45 of my trees
Neighboring property owners hired a surveyor. This surveying co.came onto my property and cut 45 of my trees,a very old muscadine vine and left a mess.I got an estimate of 4295.00 for the trees.Co. owner says no.He offered 1000.00 and not a penny more.What are my options?
1 Answer from Attorneys
Re: Neighbors surveyers cut 45 of my trees
Based only on the facts you posted, you have a great case against your Neighbor for damages. Read the applicable Georgia Statute. OCGA Section 51-12-50.
Except as provided in Code Section 51-12-51, where plaintiff
recovers for timber cut and carried away, the measure of damage:
(1) Where defendant is a willful trespasser, is the full value of
the property at the time and place of demand or when an action is
brought without deduction for his labor or expense;
(2) Where defendant is an unintentional or innocent trespasser or
an innocent purchaser from such trespasser, is the value at the
time of conversion less the value he or his vender added to the
property; and
(3) Where defendant is a purchaser without notice from a willful
trespasser, is the value at the time of his purchase.
Assuming your facts are correct and there are not seriously mitigating facts, we will take your case or help you find another lawyer to accept it. Call or email us at [email protected]
Hugh Wood