Legal Question in Civil Litigation in Iowa
A neighbor across the alley from a rental property that I own came on to my property and cut down upward of 15 mature trees that provided the only shade to the east. I can't think of anything that could be done to replace the shade let alone the buffer zone. We now have full view of rear of his property full of his parking area. The trees were a much better view than now.
He never ask permission and I can't believe anyone could do such a thing on someone else's property.
This will devalue my property considerably with full view of a racecar shop.
Several years ago I bought the lots to move 2 houses for rental property,
When buying the lots the alley had been vacated the alley and I bought the half abutting my property and expressed interest in buying the other half after the cityhad to publish it in the in the news paper and notified adjacent owners. After the other half was available, I purchased it. I have always have allowed him to use the alley for access to the rear of his home/racecar shop.
I have talked to the gentleman about cutting some of the branches that scratch his motorhome or his race car trailer.
I gave him permission to trim the branches that would damage his vehicles mentioned before.
1 Answer from Attorneys
Read Iowa Code Chapter 658 Waste and Trespass. You will want to read 658.4 Treble Damages For Injury To Trees. There is case law on this very issue.
658.4 TREBLE DAMAGES FOR INJURY TO TREES.
For willfully injuring any timber, tree, or shrub on the land of
another, or in the street or highway in front of another's cultivated
ground, yard, or city lot, or on the public grounds of any city, or
any land held by the state for any purpose whatever, the perpetrator
shall pay treble damages at the suit of any person entitled to
protect or enjoy the property.
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