Legal Question in Criminal Law in Michigan
Tresspass & Removal of Timber & Destruction of smaller trees.
Person cut fence to gain access to neighbors property. Brought logging company & instructed them to remove trees. 100 trees removed that were called Top Value while doing so destroyed over 100 other trees to get the premium wood out & in their wake they left a mess. What action can be taken
by this tresspass & theft in civil & criminal action? Thank You.
1 Answer from Attorneys
Re: Tresspass & Removal of Timber & Destruction of smaller trees.
You can pursue both civil and criminal remedies if the person was a trespasser on your land and removed property that did not belong to him. You should file a police report with the city/township where the incident occurred, and the prosecutor will determine if charges should be pursued.
If criminal charges are pursued, and this results in a plea or conviction, this will strengthen your civil lawsuit. Keep in mind that in order to make your civil lawsuit worthwhile, you will need to demonstrate that your damages are, i.e., the loss of the trees, the beauty, and the cost of replacing the trees. Keep all documentation and receipts, including a log of any conversations you have with this person.
Also, I would give the person immediate notice, in writing (a simple letter), to STOP entering your property.
Do you know WHY this person removed the trees? Was it simply to sell them off and make money? Or did the person think the property was really his?
Please contact me if you need to retain a lawyer to send a letter or to investigate the matter further.
Thank you.
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