Can I sue my neighbors???

here is a story :I have lived in my house since 2005,never really had any interactions with my neighbors on the left side of the property they are old and dont speak english that well...our driveways were separated by line of 5 trees until today when they decided to cut them down without our permision.They have asked us couple of month ago if we care if the trees go and we said that we really like having those trees during summer time because of the shade and it also makes our house look nicer. Well i got home today just to see my driveway covered in branches from the trees ... I was pissed... and they are not home so i cant ask them why the hell did they cut them down after we told them not to. My house lost its curbapeal....So my question is, how can I find out who did those trees belong to(whose piece of land is it )?do we have to call city inspector or appraiser?do they charge for this info?how much ? can i sue my neighbors for doing this ? what would you do if you were in my shoes

Can I sue my neighbors???
They belong to whoever owns the property they sit on. You might need a surveyor to establish where the property line is.
Reply:It is essential that you determine where your property line runs. This may require a survey by a licensed surveyor. But first check the recorded subdivision plat in the record room at the courthouse. And look at the tax assessor's aerial map to see if it shows the trees on your property. Neither of these documents is conclusive proof but it may clue you in as to whether or not you owned the trees.





If the trees turn out to be on your neighbor's land, you have NO claim to them and a lawsuit against your neighbor would likely be a waste of your time and money. You likely would lose any lawsuit if you cannot PROVE you own the trees. A survey will establish the proof clearly. Surveys may cost a few hundred dollars so be sure you are serious about taking action against your neighbor.





If the trees WERE on your land, then certainly you can sue your neighbor for the lost value. In court, you will need to present evidence of the amount of dollar loss you have incurred due to the loss of the trees. The dollar loss can be substantial in some cases and well worth the cost of a lawsuit. You will need to consult an attorney regarding this case if the trees are yours. An attorney will present the evidence you obtain to your neighbor to support your claim that the trees were yours along with a demand for payment. If your neighbor refuses to pay, the attorney will ask you to pay the costs of his services in advance and then will file a lawsuit for you.





A licensed appraiser can calculate the value of damage to your property from the loss of the trees and will provide expert testimony in court as to that value. And the value of the trees can be substantial. A recent demand by the Mississippi Department of Transportation for five Magnolia trees that were cut by mistake calculated the value of the trees as being over $83,000. This case was settled by an agreement to pay $14,112.





If you win the lawsuit, your neighbor may have to pay your money damages, your legal expenses, and court costs. Keep in mind that any settlement may include an offer by your neighbor to replace the trees, especially if they were not huge trees. Often even fairly small to medium sized trees can be replanted from nursery stock, which may mean you do not actually get any money...just more trees!!





Good luck.
Reply:First you need to find out who's trees they are. Just because you liked them and wanted to keep them doesn't mean you have standing to sue.





If they were yours you need to document the loss of home value vs. the cost of replacement and the likelihood of winning the case.
Reply:I would follow through with a yes to all your questions and have a hearing at the city hall. Contact your local parks and recreation and see what they say about the beautification laws in your area.


Point blank they destroyed your property if they were indeed on your property...





Good Luck...
Reply:cutting tress is illegal...you have to report your neighbor to the DENR office. im sure thres no charge for that.
Reply:Kristina were you considering selling your house? From the tone of your question it sounds like you were mainly concerned over the "curb appeal" and possible reduction in the value of your home. I am from the South originally so I also understand the incalculable importance of shade from trees. I know you said this just happened but I am really intrigued to know why your neighbors decided to do this. To answer your question you can call your county or city hall if you are within city limits. The county is untimately responsible for anual property assessments to determine what you must pay each year in property tax. They appraise your home as well. If I were in your shoes I would contact the county land office at once. Property lines are sometimes ambiguous to home onwers but county records usually determine exactly which owner has ownership and where properties are divided. Good luck ~K~
Reply:Are the trees on your property or theirs?





If the trees are located on their property you can't sue anyone.





Every judge in the U.S. will throw that lawsuit out of court.
Reply:Yes, and I WOULD.





Call a landscape company and have them give you an estimate on replacing the trees at the SAME height that you had before (and yes, they can do that) with the labor and 1 year maintenance included to put them in the ground.





That is how much you sue for.





Landscaping adds a huge amount of curb appeal.



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