Tree on property line cut down by builder

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Tree on property line cut down by builder

Done without my consent. Ohio revised
code shows treble damages are in
order. Builder refuses to settle. Where
to go from here?

Asked on June 7, 2018 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can sue the builder for the full amount you are due under the statute. You will have to file the lawsuit in county court, have it properly served on them according to the state's court rules, then (assuming they still don't settle and the case goes to trial) prove in court, by a "preponderance of the evidence" (or more likely than not), including by the use of credible testimony, that they cut down the tree and its value (for the value, you will need to have the arborist testify in court; this will likely require paying him/her for his/her time). Depending on how much is at stake, you may wish to accept the settlement rather than go to the time and trouble of suing and have to hire the arborist to testify.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can sue the builder for the full amount you are due under the statute. You will have to file the lawsuit in county court, have it properly served on them according to the state's court rules, then (assuming they still don't settle and the case goes to trial) prove in court, by a "preponderance of the evidence" (or more likely than not), including by the use of credible testimony, that they cut down the tree and its value (for the value, you will need to have the arborist testify in court; this will likely require paying him/her for his/her time). Depending on how much is at stake, you may wish to accept the settlement rather than go to the time and trouble of suing and have to hire the arborist to testify.


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