I’m just outside of Asheville. I’m looking for a lawyer to help me sue my neighbor for cutting about 20 trees on my property. I would normally not go this route but I addressed it with the neighbor, then he cut more. It was also the sound barrier between us, so I have to listen to the dogs he starves in the kennels outside now too (yes I have called animal control on him before.) I threatened (with legal action) the guy who owns the company he hired to do the cutting today. So it’s definitely done now. The guy gave me a lot of useful info. Now I just need the lawyer. Does anyone know a good one that will handle this type of case?

It is a crime also:
14-128. Injury to trees, crops, lands, etc., of another.Any person, not being on his own lands, who shall without the consent of the owner
thereof, willfully commit any damage, injury, or spoliation to or upon any tree, wood,
underwood, timber, garden, crops, vegetables, plants, lands, springs, or any other matter or
thing growing or being thereon, or who cuts, breaks, injures, or removes any tree, plant, or
flower, shall be guilty of a Class 1 misdemeanor: Provided, however, that this section shall not
apply to the officers, agents, and employees of the Department of Transportation while in the
discharge of their duties within the right-of-way or easement of the Department of
Transportation. (Ex. Sess. 1924, c. 54; 1957, c. 65, s. 11, c. 754; 1965, c. 300, s. 1; 1969, c. 22,
s. 1; 1973, c. 507, s. 5; 1977, c. 464, s. 34; 1993, c. 539, s. 68; 1994, Ex. Sess., c. 24, s. 14(c).)

North Carolina Tree Damage Laws
In North Carolina, if someone damages your tree, you can recover your actual damages (usually, what you paid for the tree or what it would cost to replace the tree). (To learn what you must prove in order to get actual damages, see Nolo's article When a Neighbor Damages or Destroys Your Tree.) In some states, specific laws allow you to recover additional damages if someone deliberately damages your tree. To find out whether North Carolina has such a statute, check the table below. The table will also tell you the amount you can sue for (the number is usually represented as a multiple of your actual damages).

Why did he cut your trees down?

He wouldn't tell me. He said he was cutting trees that were too close to his house, but these trees weren't even close. I'm guessing he's planning to build on the edge of his property and didn't want my trees over what ever he plans to build. Some were 60 foot poplars, there were oak, beach and birch too. I looked at it last night, there is a property boundary marker right were the bob cat that was pulling the trees out was driving. I spoke to the guy who owns the company he hired to do it. He said he didn't see the marker until after it was all cut and the owner of the property told him it was all his property. I told the business owner not to remove anything else from my property. So there is a pile of cut trees on my property now. The ground to tore up from the bob cat too. I got lots of pictures and info. Just need the lawyer now. I've looked up and called Land use and zoning firms. Most have not returned my calls. One said they have too much of a case load to take a new case. Two said they would get back to me but haven't yet, it's been a week. I called another today that said they'd get back. Hopefully they do. If he were a decent neighbor that was willing to fix the issue I would let it go. This guy is a POS.

I would make a call to your local NC forest ranger they can help you with contact info for someone who can put a value on your trees and you also to to call the police and press charges on the land owner and the tree cutter.

I met the logger who was cutting trees behind my family's property and ask him what was up with the forest service and the sheriff being back there behind us. He told me had made a mistake and got off on someone else's property. The NC forest service ranger came out and the logger was very unhappy he told me he had to pay what was calculated to be replacement cost of full ground trees and that once he paid for the mistake he wouldn't make any money on the small job.

I never heard what the actual cost turn out to be but the logger told me he was told it would be 10s of thousands of dollars for the half dozen trees that he cut down.

This is likely not a big case with high damages, so the bigger firms may not want to fool with it.

I'd try a well-respected general practice attorney in your area.

It sounds like a fairly simple lawsuit.

Op here is a NC law that may help you

§ 1-539.1.  Damages for unlawful cutting, removal or burning of timber; misrepresentation of property lines.

(a)       Any person, firm or corporation not being the bona fide owner thereof or agent of the owner who shall without the consent and  permission of the bona fide owner enter upon the land of another and injure, cut or remove any valuable wood, timber, shrub or tree therefrom, shall be liable to the owner of said land for double the value of such wood, timber, shrubs or trees so injured, cut or removed.

(b)        If any person, firm or corporation shall willfully and intentionally set on fire, or cause to be set on fire, in any manner whatever, any valuable wood, timber or trees on the lands of another, such person, firm or corporation shall be liable to the owner of said lands for double the value of such wood, timber or trees damaged or destroyed thereby.

(c)        Any person, firm or corporation cutting timber under contract and incurring damages as provided in subsection (a) of this section as a result of a misrepresentation of property lines by the party letting the contract shall be entitled to reimbursement from the party letting the contract for damages incurred. (1945, c. 837; 1955, c. 594; 1971, c. 119; 1977, c. 859.)

I spoke to one firm today. Basically the said it wouldn’t be worth the cost. I’m not sure I agree but the first step is getting an arborist to put a value to the trees cut. I guess that’s what I’ll be doing next week. I’ll look into NC Forest Service. The Sheriffs Office was of no help. They said it was a civil matter and had nothing to do with them. I don’t agree but that’s also just a non emergency line dispatcher who said this. I think at a minimum he could be cited for it.

you need to call them back and tell them to send a deputy. Another poster has already posted the law from chapter 14 that you can quote to them and Chapter 14 is criminal law so  it can't be civil.

Chapter 14
Criminal Law

For a second I thought this thread was about my dad who is having similar issues out that way. He was clearing tree branches hitting his truck on an easement he has access to, the only road to his place. Now he has a damage to private property and trespassing suet against him.

If my neighbor was a halfway decent person who just did something stupid, this wouldn’t happen. My neighbor is a turd.

You can small claims court him if you want it quick and easy.

-Go to Civil Filings at the court house
-You want a Magistrate Summons/Complaint for Money Owed
-Fill out and file. Clerk will give you court date in front of magistrate
-Take paperwork over to Sheriffs Office.
-Pay service fee. They serve him
-Attend court date. You may bring anything you wish for evidence.
-Magistrate renders decision based on testimony and evidence presented.

*Magistrate court used to be under $5000. I heard it was raised to under $10,000. I can't say for sure as it has been a long time since I've been assigned to the Civil Process Division.

*Consult a good, reputable attorney.  Timber is worth SERIOUS cash. I don't think the first attorney understood that.

*Consider  50-C order against your neighbor. I have served them for one neighbor pruning the other neighbor's rose bush because it was on the property line.


Don't give up. Just because it is difficult does not mean it is not worth the fight.

You addressed it with the neighbor, then he cut more?  Yeah, I'd take it as far as I could, on principle alone.

Not South/southwest Buncombe co. is it?

Go ahead and get it surveyed, you will need one to prove that the trees were on your property. Send me an IM and I can let you know how much it would run.

I have a survey from s while back and they literally drove over one of my property markers while removing the trees. I’ve got lots of photos of it.

Since it is a misdemeanor you can also just go to the magistrate yourself and take out a criminal summons/warrant without law enforcement involvement. If you do, make sure to have as much information about him as possible and list the guy he hired as a witness.

Good luck.

Hey OP have you any luck

I decided to go small claims route. I’m sure a lawyer would have got more but the cost, time and energy just isn’t worth it.
Plus the guys wife just died. He might be a dick, but I gotta give him a break for that.

Not everyone likes their wife. Also it still isn’t an excuse to be that way.

I agree, but I know where I would be mentally if my wife died. I prefer to think he’s not a POS in every aspect of his life.
And getting a lawyer involved is expensive, stressful and time consuming. It’ll save me some un-needed stress.

I still say you need to have charges pressed against him and if the cops wont do it you should go to the magistrate and press them yourself.