How hard is it to put a lien on someone's property....

[Herb G]

For damage to yours? A neighbor cut a tree down on my property today is why I ask. He physically had to come on my property to do it. He did not ask permission, nor did he even say anything. I noticed it after the fact.

I already took pics for evidence. I am only looking for the current value of the tree, (about $500 or so), not the lifetime value of the lumber.

I'll post some pics in awhile. It's not the end of the world by any means, but I have a feeling this cheap a$$ won't pay up. So, I plan on putting a lien on his property so he can't sell it until he pays off the lien.

Any REAL help is greatly appreciated. I'm not looking for your trip down memory lane here.
TIA.

[K. L. McReynolds]

Best ask a lawyer. $500 may not be worth it, unless you can do it on your own.

Might call the cops. Should be some law/regulation covering that.

Why did he cut it? He could hack off any overhanging branches legally.

[Alaric]

Police report. Then a letter requesting compensation. Then small claims court. After you get a judgement, if he fails to pay, then file a lien.

Be prepared to live with the consequences of alienating a neighbor.

[GHR]

Herb G said:

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For damage to yours? A neighbor cut a tree down on my property today is why I ask. He physically had to come on my property to do it. He did not ask permission, nor did he even say anything. I noticed it after the fact.

I already took pics for evidence. I am only looking for the current value of the tree, (about $500 or so), not the lifetime value of the lumber.

I'll post some pics in awhile. It's not the end of the world by any means, but I have a feeling this cheap a$$ won't pay up. So, I plan on putting a lien on his property so he can't sell it until he pays off the lien.

Any REAL help is greatly appreciated. I'm not looking for your trip down memory lane here.
TIA.

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You need a court judgment. So small claims court. The small claims court clerk might have the paperwork to explain the entire process.

But perhaps you could just speak to your neighbor.

[meackerman]

Alaric said:

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Police report. Then a letter requesting compensation. Then small claims court. After you get a judgement, if he fails to pay, then file a lien.

Be prepared to live with the consequences of alienating a neighbor.

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I think the neighbor just alienated Herb.

[daddo]

Alaric said:

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Police report. Then a letter requesting compensation. Then small claims court. After you get a judgement, if he fails to pay, then file a lien.

Be prepared to live with the consequences of alienating a neighbor.

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The alienating began when the tree came down.


Did you or anyone else witness him doing this?
Unless there is physical proof or he admits to it, it could get difficult.

Climbing over a fence intending to keep persons out and destroying property can be criminal trespass with intent using a tool. In some cases, it can mean 5 years.

Perhaps it is an endangered species or a tree for habitat for the endangered Owl- let the EPA handle it.

[geek2me]

Herb G said:

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For damage to yours?

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Depends on where you live - it's covered by state and local law.

Around here, anyone can file a lien - go to the courthouse, fill out the form, pay the $15 fee. You then have two years to perfect the lien. If you don't act within those two years, you lose the right to refile the lien.

It's the perfecting the lien that is the expensive part - going to court, etc. Filing is cheap and easy - and often motivates the person to settle.

[GHR]

geek2me said:

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Around here, anyone can file a lien - go to the courthouse, fill out the form, pay the $15 fee.

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I don't think so. At least not for this issue.

[JosephP]

How did you come up with the value of the tree? You are going to need to justify that in court. Probably need an expert witness. Keep as much of it as you can. Have any recent pictures of the tree (or recent pictures of anything that might have the tree in the background)?

State law in Ohio:No person, without privilege to do so, shall recklessly cut down, destroy, girdle, or otherwise injure a vine, bush, shrub, sapling, tree, or crop standing or growing on the land of another or upon public land.

In addition to the penalty provided in section 901.99 of the Revised Code, whoever violates this section is liable in treble damages for the injury caused.
...but "recklessly" can be hard to prove. This seems pretty straight forward.

If you want to take the gloves off, hire a lawyer and file a civil suit. He will include his fees and the fees for a Certified Arborist to appraise the tree. Suddenly the treble damages for the tree looks like small potatoes.

As others have said, you can't get a lien until you have a judgment AND he doesn't pay on that judgment. If he pays, no lien.

But I think others have given better advise. Go talk to him. Ask why he did it. Let him know that is not cool. Are you looking for money, revenge, punishment, or to communicate that you did not appreciate that? Will $500 bring that tree back? Will it make it such that you are no longer mad at him (or will it make you madder that you got a judgment and he hasn't paid, so you have to put a lien on the house???)? What if he is willing to have a new tree planted for you?

[john109]

Sure it was neighbor and not the power company? Or city? I'd go talk to him and determine if him, then why. Then why he expects to pay or do to make you happy, or at least ok