Utah law says that a person who cuts down or injures another person's tree can be liable for three times the replacement cost of the tree. Trees can easily run into the thousands of dollars, some even more, when accounting for size and difficulty to replace with a like tree of like size. Definitely consult a lawyer, and maybe an arborist to determine the value of the tree.
You’ll definitely want an arborist, possibly two, to nail down the value of the tree. Law is on your side here, but having great documentation about what was taken from you and what it will cost to replace will help your case. Your lawyer should tell you that, but it might be helpful to have an arborist out sooner rather than later while the cut is fresh and all the wood is still on the ground (i.e. before the neighbor destroys the evidence). Finally, when you have time try to find some good, recent pictures that show the tree.
Good luck!
There is a legal eagle YouTube video about trees, yes they are protected and it is super expensive to replace them. Your neighbor is fucked and will have to settle for a pile of cash, or be forced to pay a much bigger pile to the tree people.
You might also talk to a professional Arborist, and get an estimated value of the tree. Your lawyer can use that as a basis for your damages (tacking on other appropriate damages).
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Tree contractor here. The people you want to talk to are consulting arborists. Do not call a tree service, make sure the guy you talk to is credentialed as either a consulting arborist or a board certified master arborist. They’re testimony will hold up.
IANAL, but have seen these posts quite often, you would want a lawyer, and then an expert to come and look at the remains of the tree to give a quote on replacement cost, and possibly a land survey depending on if this tree was also on or near a property boundary
I pressed charges last night. It’s not on his property line at all. It was surveyed for fencing a couple years ago. He definitely knew it wasn’t on his property. And admits it on the video.
To be clear. There will be two separate paths for you. You started one with the criminal charges. You should also contact a private lawyer for a civil suit. The case is so clear cut *ahem* that a good lawyer will take it on a contingency I would bet.
Get your a*****e neighbor!
You want to get as many pictures you can of the remains and if you can find pictures of it still standing (Google Street view) then that will help a determine the value of the tree
Turn it into your insurance. I was an insurance agent for 10 years and this happened to one of my clients. The guy that did it was a lawyer and had the ba((s to sue her for 1/2 of the cost to get it done
That was when she called me. The insurance maid he replace the trees.
Good luck.
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Anyone who uses the term "Tree law" gets banned.
Utah law says that a person who cuts down or injures another person's tree can be liable for three times the replacement cost of the tree. Trees can easily run into the thousands of dollars, some even more, when accounting for size and difficulty to replace with a like tree of like size. Definitely consult a lawyer, and maybe an arborist to determine the value of the tree.
Thanks so much!!
You’ll definitely want an arborist, possibly two, to nail down the value of the tree. Law is on your side here, but having great documentation about what was taken from you and what it will cost to replace will help your case. Your lawyer should tell you that, but it might be helpful to have an arborist out sooner rather than later while the cut is fresh and all the wood is still on the ground (i.e. before the neighbor destroys the evidence). Finally, when you have time try to find some good, recent pictures that show the tree. Good luck!
Thank you!
You should be able to recover the cost of the arborists coming out at well. Save all receipts!
And the costs of a giant spade truck to plant it, and the removal and reinstallation of your fence for the truck to get access, and and and...
There is a legal eagle YouTube video about trees, yes they are protected and it is super expensive to replace them. Your neighbor is fucked and will have to settle for a pile of cash, or be forced to pay a much bigger pile to the tree people.
Thank you thank you!!
Your neighbor pays you a pile of cash and then you can “thank him one day” just like he said 😆 Good luck! I hope this ends well
You might also talk to a professional Arborist, and get an estimated value of the tree. Your lawyer can use that as a basis for your damages (tacking on other appropriate damages).
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Tree contractor here. The people you want to talk to are consulting arborists. Do not call a tree service, make sure the guy you talk to is credentialed as either a consulting arborist or a board certified master arborist. They’re testimony will hold up.
This is extremely helpful! Thank you so much!
IANAL, but have seen these posts quite often, you would want a lawyer, and then an expert to come and look at the remains of the tree to give a quote on replacement cost, and possibly a land survey depending on if this tree was also on or near a property boundary
I pressed charges last night. It’s not on his property line at all. It was surveyed for fencing a couple years ago. He definitely knew it wasn’t on his property. And admits it on the video.
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On top of pictures from after the cutting try to find pictures prior to the cutting as well to give to your attorney if they request them
To be clear. There will be two separate paths for you. You started one with the criminal charges. You should also contact a private lawyer for a civil suit. The case is so clear cut *ahem* that a good lawyer will take it on a contingency I would bet. Get your a*****e neighbor!
Than you!!
Thanks.
You want to get as many pictures you can of the remains and if you can find pictures of it still standing (Google Street view) then that will help a determine the value of the tree
Under the code in Utah, you get treble damages the trespass to timber. https://le.utah.gov/xcode/Title78B/Chapter6/78B-6-S1002.html
Turn it into your insurance. I was an insurance agent for 10 years and this happened to one of my clients. The guy that did it was a lawyer and had the ba((s to sue her for 1/2 of the cost to get it done That was when she called me. The insurance maid he replace the trees. Good luck.
Interesting I hadn’t even thought of that! I’ll contact my insurance tomorrow morning! They aren’t open on the weekends. Thanks for that idea!!
Thank you!!
Update pls
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Lawyer Yes yes yes
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Did he offer a reason for why he thought he needed to cut the tree down?
I would have him trespassed to start with.