Legal Question in Real Estate Law in Wisconsin

If you can prove that the land and trees on it were exclusively yours, you may have a cause of action to sue the farmer for damages (assuming that you can also prove he cut the trees without permission, either from you or from a prior owner of your land, who could have granted him an easment to manage trees near the property line--a title search would be needed in order to rule out any such grants). Your damages might include the value or the trees or the amount by which their loss reduced the value of your property. You would likewise have the burden of proving these items and could not recover anything unless you presented such proof to the court via qualified professional witnesses. Proving all of this would probably require testimony both from a licensed surveyor and an appraiser. Once you proved up your property lines, you might also be able to claim additional damages for tresspass. You should therefore set up a conference with an experienced real estate lawyer if you wish to proceed with these claims. Short of suit, you could have the lawyer prepare a written demand letter to see if the farmer might be interested in settling out of court. Answering this question does not make me your attorney, but you can contact my office in Racine (262-633-3090 or [email protected]) for clarifications. See me on the web at www.jayknixonlaw.com. View over fifteen years of past answers at http://www.lawguru.com/answers/search/attorney/jknixon. Answers may contain attorney advertising materials.

If you can prove that the land and trees on it were exclusively yours, you may have a cause of action to sue the farmer for damages (assuming that you can also prove he cut the trees without permission, either from you or from a prior owner of your land, who could have granted him an easment to manage trees near the property line--a title search would be needed in order to rule out any such grants). Your damages might include the value or the trees or the amount by which their loss reduced the value of your property. You would likewise have the burden of proving these items and could not recover anything unless you presented such proof to the court via qualified professional witnesses. Proving all of this would probably require testimony both from a licensed surveyor and an appraiser. Once you proved up your property lines, you might also be able to claim additional damages for tresspass. You should therefore set up a conference with an experienced real estate lawyer if you wish to proceed with these claims. Short of suit, you could have the lawyer prepare a written demand letter to see if the farmer might be interested in settling out of court. Answering this question does not make me your attorney, but you can contact my office in Racine (262-633-3090 or [email protected]) for clarifications. See me on the web at www.jayknixonlaw.com. View over fifteen years of past answers at http://www.lawguru.com/answers/search/attorney/jknixon. Answers may contain attorney advertising materials. .