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Posted: 2/24/2015 12:05:15 AM EDT
[#1]
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Small claims in Michigan is $25K and under. It may or may not hit the limit. I will know more when the forester is able to provide an estimate. Most likely it will be in the criminal range. Quote HistoryQuoted:
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Basically to get to the short and sweet, I own some property in up sate MI and walked the property line this fall for the first time in several years. I currently live out of state and only get up there every few years. Since my last walk up there, my neighbor has built a summer home and basically clear cut 4 out of her 10 acres (water front on Lake Superior). As I walked the front of my place, I followed the blue marked lines and trees from the last survey 15 years ago. It was then I noticed that on the line between their house and my property line, they took it upon themselves to cut down several of my larger trees to include two large curly oaks which pisses me off. When I say on the property line, I mean well inside of mine. They also staked a 15ft pile of brush, half burnt logs and other debris on my property as well. These ass clowns are from down state and apparently don't respect others. Apparently they don't know that homes have been torched up there for less infractions (disclaimer-- I would never resort to this). Lucky for me, I took a metric ton of pictures to include the tree stumps and the well marked property lines. After I calmed down a bit, I did some research and found that in the state of Michigan, this is criminal trespass and my wonderful neighbors are now liable for 3 times the cost of the replacement of said trees. However, I am unsure of what steps to take next. I might be calling the Sheriffs this weekend to file a complaint but this will most likely be referred to small claims. Just trying to figure out my next move. My old man is telling me to write these folks a nice letter to explain to them what legal action I have and to remove said pile of burnt shit off of my land. However, I am not sure I want to give them a heads up. They are also snow birds so their mail may or may not be forwarded. EDIT--Another issue I have is that I purchased the land on a interest free, 8 year land contract from my dad. Will this prevent me from legal action? If so, he is more pissed than me and will probably go after them himself. 3 times the cost of replacement of said trees would be hugely outside the domain of small claims court. Adult trees are extremely expensive and difficult to replace. That would be timber theft here, which is significantly more serious than trespassing. Small claims in Michigan is $25K and under. It may or may not hit the limit. I will know more when the forester is able to provide an estimate. Most likely it will be in the criminal range. Since it is actually possible to replace full-grown, adult trees, you should be able to ask for that remedy since it is the only one that returns things to previous status. It does, however, cost tens of thousands of dollars per tree, especially with transportation costs. |
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Posted: 2/24/2015 12:31:34 AM EDT
[#2]
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A The ironic thing is, as an extremely absentee landowner, you really don't get to choose whether you tolerate trespassing or not. It's going to happen, and you really don't have a say in the matter. The usual best case is your land isn't trashed and your fences aren't damaged. Oh wait, you gots no fences, or this thread likely wouldn't have happened in the first place. As for your opinion on relationships with neighbors, you come off as about fifteen years old, and I would expect that no matter who owned the land next to you, would likely end up having problems with them. Makes me glad that my neighboring landowners 1100 miles from my home are just good ole boys who I've known for twenty or thirty years. Quote HistoryQuoted:
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. I do not tolerate trespassing As far as trying to keep a good relationship with them, I could give two shits at this point. It was their choice to not respect their neighbors to begin with. It's criminal in the eyes of the law and me and I am not one to budge. The ironic thing is, as an extremely absentee landowner, you really don't get to choose whether you tolerate trespassing or not. It's going to happen, and you really don't have a say in the matter. The usual best case is your land isn't trashed and your fences aren't damaged. Oh wait, you gots no fences, or this thread likely wouldn't have happened in the first place. As for your opinion on relationships with neighbors, you come off as about fifteen years old, and I would expect that no matter who owned the land next to you, would likely end up having problems with them. Makes me glad that my neighboring landowners 1100 miles from my home are just good ole boys who I've known for twenty or thirty years. Actually I do. Absentee landowner? Should I have to patrol my property daily with a rifle so to hope that someone won't destroy it? I own several parcels of land and some I do not often make it to annually. I also know and speak to most of the adjacent owners as well and have never had an issue thank you. Don't know where your from but most of the laws here state that if your property is posted, you can pursue legal means to those that trespass. Especially if they cause destruction or commit timber theft. (you know, violate the law) Don't know if you missed the earlier thread, but you can't build fences through dense hardwood forest. Doesn't work that way as this isn't the treeless desert of Arizona. But with your arrogant logic, I should expect someone to key my car because I park it in my driveway instead of my garage. Piss off troll 
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Posted: 2/24/2015 2:01:35 AM EDT
[#3]
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Actually I do. Absentee landowner? Should I have to patrol my property daily with a rifle so to hope that someone won't destroy it? I own several parcels of land and some I do not often make it to annually. I also know and speak to most of the adjacent owners as well and have never had an issue thank you. Don't know where your from but most of the laws here state that if your property is posted, you can pursue legal means to those that trespass. Especially if they cause destruction or commit timber theft. (you know, violate the law) Don't know if you missed the earlier thread, but you can't build fences through dense hardwood forest. Doesn't work that way as this isn't the treeless desert of Arizona. But with your arrogant logic, I should expect someone to key my car because I park it in my driveway instead of my garage. Piss off troll How so? Legally, of course you "have a say." In real life, when you only make it to the property every few years, no, you effectively don't have any say in whether or not people trespass. It will happen. And I don't know what is magical about Michigan woods, but my family built plenty of barb wire fence through jungle dense terrain when I was a youngster to...mark our property. A property without defined borders is a bit like a country without the same. It sorta doesn't exist. I would be ticked too in your situation. The neighbor likely did the acts you claim they did, and it sucks. But your righteous attitude about the whole thing, and your thoughts that you're going to stop trespassing from afar, is humorous. And, while you don't give a shit about relationships now, what happens when you build that retirement home and by some off chance, the same people still own the neighboring land, or might even have already built their own house, and now you truly are neighbors? Maybe they are also familiar with what you mentioned about people being burned out for less, and apply it in your direction. I'm not sure where the car in the driveway comparison is suppose to apply here, but whatever. But yeah, I'm just a troll that's hung around here over a decade waiting for you to show. 
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Posted: 2/24/2015 8:23:15 PM EDT
[#4]
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Better call Saul. You don't need a criminal lawyer, you need a CRIMINAL lawyer. |
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