Legal Question in Civil Litigation in New Jersey
Trespassing, property damage/destruction
My neigbors brother came to her house and cut down my wisteria shrub on my property while I was at work. When I came home the sister came out to tell me before I saw it so I wouldn't be upset. He cut it down to a stump! It was approc 6 feet tall , 8 feet wide 4 feet depth, now an 18inch stump. What kind of compalaint can I put in? I planted this shrub over 20 years ago, cared for it now it's dead! what can I do to him?
He was not asked by me nor did he ask my permission to do this, he lives 10 blocks away, his sister told him not to touch it, it wasn't his, he just said he is doing it anyway. I am very upset and angry over this. this is my property my shrubbery does he have a right to do this because he wanted to?
3 Answers from Attorneys
Re: Trespassing, property damage/destruction
Sounds like you want to sue him, and perhaps file criminal complaints against him for destroying your property. What an idiot he is.
You might want to consult an attorney to get this party started. It does NOT sound like it is worthwhile asking him to pay for a new plant, except through an attorney to establish that you gave him a chance to repair his destruction of your plant.
If you would like, give me a call; I am in Hackensack (northern New Jersey). I will be happy to discuss
this with you; a brief telephone consultation will be free.
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Re: Trespassing, property damage/destruction
Hi:
Depending on the circumstances this sounds like a good case for small claims. If you feel comfortable you can represent yourself in court pro se, but you might want to speak with an attorney. Also I would recommend that you get pictures to document the damage as part of your evidence.
Additionally, you may want to file a police report with the local authorities.
All of this will depend on the information that you have available, ie your proof.
Please contact me for any additional info.
Good Luck
Florence F. Hessen
Re: Trespassing, property damage/destruction
I would first see the police and then get an attorney if you don't get far with them.