HELP Neighbor tore down my fence

tinknal · #**141** 07/02/06, 09:12 PM

Quote:

Originally Posted by Qwispea

But the fact that they damaged the property must be proven legally. In this country ..people are considered innocent until proven guilty in a court of law. In criminal cases ..even if there is videotaped evidence ..it must still go through the process of trial ..or guilty plea. And a guilty plea must be legally documented, signed, and recorded. Otherwise ..there is no legal guilty plea.

I think Pyrnad is facing some very complicated legalities here ..especially if her bad neighbors are backed into a corner ..and are forced to hire an attorney. Pyrnad will not be able to receive lumber value for the trees ..and still keep the lumber. If the insurance company pays Pyrnad for the lumber value ..the trees belong to the lumber company. The lumber company can give them back to Pyrnad if they so desire. But if the lumber company then goes after the bad neighbor for the value of the trees ..then the lumber company will be obligated to return the trees to whoever paid for them ..in this instance ..the bad neighbors.

Everything being said (up to this point) ..I do hope that Pyrnad's problems with the bad neighbors are resolved as quickly as possible. I just don't think any of us fully comprehend the actual legalities of the situations ..despite what Pyrnad has told us.

You're just not getting this. IT IS NOT A CRIMINAL CASE!.

Shygal · #**142** 07/02/06, 09:16 PM

Quote:

Originally Posted by Qwispea

Firstly..they admitted it to whom?

Secondly ..were they under oath?

IMHO ..there are legalities in this case that have yet to be settled.

I'm glad I have good neighbors!

I believe it was admitted to the police, in an earlier thread there was a lot said about this. And I believe them cutting the trees IS a criminal case. Like I said, search the archives and look at the old threads on this.

tinknal · #**143** 07/02/06, 09:24 PM

Quote:

Originally Posted by Shygal

I believe it was admitted to the police, in an earlier thread there was a lot said about this. And I believe them cutting the trees IS a criminal case. Like I said, search the archives and look at the old threads on this.

Shy, it may be a criminal case, but the lein is a civil action. Two seperate things.

Red Devil TN · #**144** 07/02/06, 10:01 PM

The neighbors were not arrested and likely not read any miranda rights prior to admitting the deed. Criminal trial tossed. Civil trial... Could the plaintiff call the officer(s) as witnesses? Sure. Typically the defendant's att. would taint the testimony as heresay/hearsay because the cop did not see it firsthand and is relaying what someone else has said. How well it does entirely depends on the attorney's skills. In either case, the police are not the finders of fact, the judge or jury are, hence the need for a trial rather than a lynching.

There would have to be criminal charges filed for there to be a criminal case and trial.

Shadow · #**145** 07/02/06, 10:01 PM

I am assuming the trees were cut some time in the past. Just trying to get this straight in my mind. David

tinknal · #**146** 07/02/06, 10:28 PM

Quote:

Originally Posted by Red Devil TN

The neighbors were not arrested and likely not read any miranda rights prior to admitting the deed. Criminal trial tossed. Civil trial... Could the plaintiff call the officer(s) as witnesses? Sure. Typically the defendant's att. would taint the testimony as heresay/hearsay because the cop did not see it firsthand and is relaying what someone else has said. How well it does entirely depends on the attorney's skills. In either case, the police are not the finders of fact, the judge or jury are, hence the need for a trial rather than a lynching.

There would have to be criminal charges filed for there to be a criminal case and trial.

Red, as a lawyer, you would make a good ditch digger. An improper admission means only that the addmission gets kicked from a criminal case, not the rest of the evidence. As far as that goes, miranda only kicks in while a suspect is in custody and under arrest. A non-custodial admission is absolutly admissable.

Red Devil TN · #**147** 07/02/06, 10:39 PM

tink, I did pretty good in court, even as a non-lawyer, but I stuck to the civil side. Even had a few cases make it into Laywer's weekly so I was doing something right. Maybe I should try ditch digging, you think I could do that better? Maybe dung dispatcher would fit me better? What do you think?

Regardless, from what I've read, an improper admission is generally inadmissable in a criminal case. Non-custodial admissions have always been somewhat... sticky. I never mentioned anything about the evidence of the case.

Unregistered · #**148** 07/02/06, 10:44 PM

Before everybody gets in an argument, remember, we have heard only one side of this. Usually there are at least two sides to everything. Could be even more than two. I don't think the court is bound by what is decided on this forum.

seedspreader · #**149** 07/02/06, 11:13 PM

sheesh start a GC thread to fight about how good lawyers you are... or focus back on pyrnad's issue!

don't make me pull this car over!

[/"did I just sound like my father?" episode]

#**150** 07/03/06, 02:50 AM

People can file a lien against a property any time..all they need is some kind of documentation that the person who owns the property owes them money.pretty simple. If the insurance company had a police statement from the neighbors saying they cut down the trees, that's all that would be needed.

Westwood · #**151** 07/03/06, 03:32 AM

The pins are set by the survey. West of the Mississippe it's range and township, down to meets and bounds if it's odd shaped.

If you don't get along with those neighbors, demand they buy their own. If they choose not to do so, salt in a shotgun load tends to dissuade people from straying on your land.

You've had it surveyed. It's recorded at the courthouse. If they take issue, it's up to them to prove it.

gilberte · #**152** 07/03/06, 05:08 AM

What about the trees? Are they just laying on the ground rotting? Does Pyrnad have any responsibility to do whatever can be done to maintain value and mitigate loss?

Brighid1971 · #**153** 07/03/06, 05:45 AM

Quote:

Originally Posted by ZealYouthGuy

sheesh start a GC thread to fight about how good lawyers you are... or focus back on pyrnad's issue!

don't make me pull this car over!

[/"did I just sound like my father?" episode]

LOL! Ya beat me to it....what about the original issue of this thread? How are things going, Pyrnad?

pyrnad · #**154** 07/03/06, 07:03 AM

Quote:

Originally Posted by Brighid1971

LOL! Ya beat me to it....what about the original issue of this thread? How are things going, Pyrnad?

To try and clarify. Timber trespass is a crime in Maine. I have photos of them cutting the trees. Maine forest service comes and measures the trees. They value them. Their is some sort of list and formual they use. The trees were maple and cherry. The maple had a double loss, as they count the trees and also what is called syrup loss.
For those of you who do not understand my being allowed to keep the trees, which are only good for firewood now. If someone hits and damages your car, and you need it fixed, they have to pay. Yes I know the insurance pays, but you still get to keep your car.
In this instance it was done with malice. I have stumps 2 to 3 feet off the ground. I will have to fix this.
It is the forest service and my insurance company that have the lien, as a for sale sign is on the property. The damage they did is more than the sale price of the property.
I have a metting with my insurance company on Wednesday, the forest service and neighbors will also be their. I wil let you know what happens.

MarleneS · #**155** 07/03/06, 08:13 AM

I think you probably have enough to concern yourself with at the present time, I just wanted to share a thought about the possiblity of a wood worker maybe having a use for your down trees. Maybe you could ask the insurance company about this too?

Hope all goes well for you on Wednesday.

Hugs
marlene

nduetime · #**156** 07/03/06, 08:27 AM

Best of luck to you on weds. I cannot imagine having neighbors like that. We are truly blessed with great neighbors. Saying prayers for justice and peace for you.

homebirtha · #**157** 07/03/06, 08:59 AM

Quote:

Originally Posted by pyrnad

I have a metting with my insurance company on Wednesday, the forest service and neighbors will also be their. I wil let you know what happens.

Good luck on Weds. I'm glad to hear the damage is more then the property is worht, then maybe you can just acquire the property and never have to worry about another idiot neighbor again.

mpillow · #**158** 07/03/06, 09:50 AM

Who is listing the place???

This is the only property I could find that fits description

http://www.prudentialnortheastproper...%26next%3D1%26

Brighid1971 · #**159** 07/03/06, 12:04 PM

Quote:

Originally Posted by homebirtha

Good luck on Weds. I'm glad to hear the damage is more then the property is worht, then maybe you can just acquire the property and never have to worry about another idiot neighbor again.

Yes, good luck and keep us posted!

james dilley · #**160** 07/03/06, 10:34 PM

Removal of A fence is Destruction, As it costs to rebuild it.. The cost of the survey would be .Becauseof the Malisiuos that was done.And the fact it cost the owner to have it done. When it should NOT have been needed.