If I cut some trees down and my neighbor claims they were on his property, what is the burden of proof he has to present in order to win a lawsuit?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I cut some trees down and my neighbor claims they were on his property, what is the burden of proof he has to present in order to win a lawsuit?

Asked on May 18, 2012 under Real Estate Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you mean who owns the tree he has to prove that the trees were indeed on his property.  Where the trunk of the try lies is often the determining factor.  If you mean that you in fact cut them down it would depend on the facts of the case.  If the yards are enclosed then access would be an issue.  Prior problems could be circumstantial evidence as to intent or motive.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption