Legal Question in Real Estate Law in Virginia
Removal of neighbors trees
Over the past eight years I have unknowingly planted several trees on my neighbors land. I also paid over $1000.00 to have removed a tree that fell and was dangerously hanging by some vines. Only when I cut down two of his half dead and extremely poor quality trees did he come forward and tell me I was on his property. He wants me to replace the cut down trees with expensive, good quality specimens. (The type of tree I removed is not grown by landscapers because it is of extreme poor quality. I checked!) Am I legally required to replace them with HIS CHOICE OF TREE, and use HIS CHOICE OF LANDSCAPER?
2 Answers from Attorneys
Re: Removal of neighbors trees
Tell the gentleman that you're prepared to replace
the trees that you mistakenly cut with specimens
approximating the fair market of the fallen ones
as judged by an arborist or even a mere landscaper
with some knowledge of trees which need not necessarily include specific information regarding the esoteric species which were cut.
Obviously any photos showing the trees before they were cut or similar specimens would be helpful in assisting your expert in coming up with this fair market value figure.
You should not be expected to replace the specimens which you mistakenly cut with trees that far exceed their value. Such an expectation simply does not accord with the law of damages which is applicable to this particular situation.
Re: Removal of neighbors trees
I do not know if there are any covenants that govern your property. However, if the trees you cut are ones that you placed there, while he lived there, at your expense I think you have an argument that the you should not have to pay for the trees at all, they are your personal property. \
This information is not offered as legal advice and does not constitute an attorney-client relationship between you and Dunlap & Grubb, P.C. until a retainer agreement is signed.
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