Recently (March 26), a neighbor hired a tree service company to cut down a couple of trees, one of which was on his property and one that was on ours. We received a note on our door two days prior to the trees being cut down advising us to move our vehicles so that they would not be damaged by falling limbs. We sent a note back in reply stating that, as a reminder, if they were planning on cutting down the tree on our property (tree had grown partially onto their property), that they would need to talk with us first, or prove that there was something wrong with the tree before removing it. No response was ever received. On the 26th, I moved my car as the note suggested and my mother and I had left for the morning. When we came home, the tree on the neighbor's property had come down along with a tree further on our property, and the tree on the property line was in preparation. When the tree service workers were asked if the tree was diseased, they said no, but there was a small hole in it and that it would eventually rot and fall down. They also informed us that they had been hired by the neighbor. However, when told we did not hear anything from them or the neighbors regarding the removal of this tree prior to the note on the door two days prior and were asked to stop, they did not. The response was that we would need to talk to the neighbor and they continued the prep. When the neighbor did eventually come out, his explanation for having the tree on the property line removed was that he we were overdue for a storm, he was afraid of the tree falling on his propane tank, that he's been wanting it cut down for years, and finally that he was simply tired of cleaning up after it. When asked about the tree further on our property, he said that tree needed to be cut down in order to have the other one brought down safely. When these trees were brought down, they damaged other trees on the property, and left large ruts in the lawn. The tree service company also proceeded to drive over our lawn with their tractor leaving significant tire tracks.
My question is, do we have grounds for a lawsuit, and if so, what are our options? Could we go after the neighbor as well as the tree service? A police report was filed and we were told to go to the magistrates office if we wanted to file a complaint, however an employee there told me that unless we sought monetary compensation, they could not help us. We are not so much interested in monetary compensation as we are having some sort of order for him and his family not to come onto our property. Any information you can provide would be most helpful!
My question is, do we have grounds for a lawsuit, and if so, what are our options? Could we go after the neighbor as well as the tree service? A police report was filed and we were told to go to the magistrates office if we wanted to file a complaint, however an employee there told me that unless we sought monetary compensation, they could not help us. We are not so much interested in monetary compensation as we are having some sort of order for him and his family not to come onto our property. Any information you can provide would be most helpful!
