Legal Question in Real Estate Law in Massachusetts

theft of hundreds of yards of soil in backyard

a few weeks before and after closing on our property, trucks were working in our backyard, stripping soil, removing trees (workers under direction of developer of subdivision who sold lot to our builder). They would not leave even after proof of property lines by a surveyor. Now we have a barren landscape, four foot drop in an area of yard about 100 X 75 feet. Developer wants 4000 dollars to bring back what his workers took!!! we have before and after pictures, many witnesses, etc. The yard is not useable for anything and it was stripped down to hard cement like pavement. this is hundreds of yards of loam and fill. how should this be handled. We will only recoup 2000 in small claims court. Is there any other action we should take against this shady developer.


Asked on 12/07/03, 9:33 pm

1 Answer from Attorneys

Re: theft of hundreds of yards of soil in backyard

Yes there is a valid claim for trespass and a potential claim for attorney fees and treble damages. Your damages are teh cost of repairing the lot to its original state or the additional landscaping costs as a result of this action.

Your builder should be able to give you an estimate.

You should contact an attorney as soon as possible.

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Answered on 12/08/03, 10:38 am


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