common fence row

[farmerjohn]

I cut trees on a common fence row, on both sides of the fence, without first contacting the other property owner. He called the sheriff and wants to press charges. He said there were 76 trees on his side of the fence that were cut, none of any value as far as lumber goes. He says the value in the trees is providing a wind block. What responsiblity do I have as far as fair compensation goes? Most the trees were mulberry, sassafras, some ash. a few cherry, however none were good for logging because the trunks were not straight. The other property owner said he was very pissed because I did not get ahold of him first. I cut a lot of trees out of fence rows before and never had anyone care as long as they didnt have to do the work. I've apologized to him for doing it and offered to replant trees that I have in a nearby woods. He said that he would rather a professional do it and that he was getting in contact with the prosecuting attorney. I'm not sure if I should try to contact him again or wait it out. By the way, there are 4 very big cherry trees measuring atleast 3 feet in diameter right on the property line and in all spots the fence was biult on my side of the property. I farm and would like the fence cleared, property line surveyed, and a new fence put up. Do I have this right? Please advise

 

[Michael Wechsler]

There is no question that you should have contacted this other person first. He might be trying to blow this out of proportion because (1) he's mad at someone cutting down his trees without his "say so" and/or (2) wants to soak you for compensation on some relatively worthless trees. Regarding the sheriff and pressing charges -- I don't know if that will be an issue if it is going to civil court. You can make an offer to him BUT I would caution you to make sure that whatever you write should contain a title that it is a privileged statement that is made for the purpose of settlement negotiations and not admissible in court to show culpability.

I'm not sure that you want to make a settlement offer just yet. I think that you'll know what your neighbor wants shortly and don't be surprised if it may be unreasonable. You may want to get estimates regarding the value of the trees and also determine that many would have required removal given their poor condition.

Good luck and let us know what happens.