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?

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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 8 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.


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