Re: Trees cut across property line by neighbors logger

Posted by LJD on May 23, 2012 at 05:51:13 from (75.213.254.176):

In Reply to: Trees cut across property line by neighbors logger posted by wd45mich on May 22, 2012 at 20:53:25:

First - if you want to press charges the burden of proof is on you. You'd have to prove where the verified property line is and who did the cutting. Fence lines (wire and/or stone) even from the 1800s mean little. In fact, fence lines are often installed several feet off the line so they can be maintained by the user with going on the neighbor's property.
And if you have a survey? It's still not proof of anything but might help in court. You can have three surveys on the same land with three different sets of boundary lines. A survey is only a professional opinion. Now if you have a recent subdivision with clearly marked corners, it's more clear.

Where I live, I've caught loggers stealing logs three times over the past 30 years. The last time - most of the logs were cut off my neighbor's 120 acres. I watch the place for him and caught the logger red-handed, in the act. I had the State Police come and make a report. After that? My neighbor spent $2000 on a new survey and it took two years to finish in court. He had to drive 300 miles to attend each court proceeding. When all done - my neighbor got back $500. He spent thousands in the process. The logger? He went to jail for 6 months but only because it was the 6th time he'd been arrested and convicted of theft and trespass AND he also was in possession of cocaine when he was arrested.

In regard to who is responsible if convicted? If it is proved the logger cut the trees he is responsible. If it can be proved that the person that hired the logger knew and agreed with the theft - he/she is also responsible. That is near impossible to prove.

Here in NY there's been a lot of talk of making sentences for tree theft more harsh. Rigth now, it's basically a slap on the wrist. Often the only compensation is actual log value- not tree value or property damage. Suppose you are 40 years old and buy some land because you enjoy mature trees. Then some logger steals them. That's it for your lifetime. You won't live long enough to have them again.

A few years back, the town highway department stole around twenty 150 year-old hard maples from me. They later offered me a truck-load of firewood as compensation - or $50 per tree. I contacted a local landscaper that has a huge tree transplanter/spade/truck. He told me he charges $600 to plant one 20 foot maple tree.

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