'$13k is a lowball [from his insurance]': Property owner expecting $200,000+ in reparations after a trespassing neighbor cuts down 200 of his trees

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    "Your neighbors undid decades of growth"
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    Michigan neighbor cut - nearly 200 of my trees I posted a few months back that my developer neighbor cut nearly 200 of my trees in a densely wooded area of my woods. They ranged from 2"-8" in diameter, with about a dozen larger ones. He did not have
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    a survey staked before he sent a landscaper back to run them over with a Bobcat, thus uprooting even more trees. He had no reason to believe they were his, as he didn't follow the (drawn on paper only) survey line. We were also very clear about not crossing onto our property.
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    We noticed the bobcat knocking things done and asked them to stop because we have reason to believe they were some of ours. They did not. A few weeks later, we paid to have the property line staked which clearly showed that he had taken our trees down. We even laid lines down. His landscaper then came in and removed the trees they ruined, despite us telling them to keep out.
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    We have a lawyer. However, we are very concerned that the expense of legal fees is going to explode. We have photo evidence of all they did, including them actually doing it. They admitted fault but say it was an honest mistake.
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    His insurance offered us about $13k. We are about $7k into things with survey and legal fees. The valuation arborist quoted this amount, which is told replace 11 trees.
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    We are heartbroken about this as we try very hard to maintain our woods. Should we move forward with the full lawsuit or just take the settlement? Pictures attached to show it is real.
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    Cheezburger Image 10397372160
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    Cheezburger Image 10397368064
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    Sure_Comfort_7031 LoL his insurance is hoping you take the bait because they realize how monumental this would be if it made it to a judge. We're talking six figures. Keep going. All communication through your lawyer from here on out.
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    WildWiscothrow This this this. OP don't back down until you own the developers house. I'd be pushing for criminal trespass charges as well.
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    casuallymustafa Yea, 13k is NOTHING for the damage done. My cousin cut down a couple trees belonging to a business, business went after him for 16k. My cousin tried settling out of court (paid them 8k which the business agreed to) only for the DA to refuse to drop the case. Get an attorney and go after them.
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    Sunnykit00 You need to go through and identify the species and size of each stump. What does your lawyer think? That seems ridiculously low. That wouldn't even replace one tree. I'm not going to check Michigan law, but you need to ask your lawyer what you're entitled to under the law. Often it is 3x replacement. And since they forced to you to get a lawyer, they should pay for that on top. I wouldn't settle for that amount.
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    PARKOUR_ZOMBIE Michigan IS a 3x conversion state. DO NOT SETTLE.
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    Any Decision_1599 OP Thank you. We did hire our own arborist who estimated the types of trees and we gathered sizes. Each stump found has been flagged too. We are only able to collect treble if we can prove trespass, property damage and theft. All of which are possible. But the insurance doesn't want to pay treble. We will have to file lawsuit for that.
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    carelesswhisper12345 If insurance is offering pay out then it is very likely that all three are relatively provable and that quote is insultingly low. If we're talking $25k as a real value (which is still too low, but ) - then you just need an attorney to cost less than $50k to get you there to net out ahead. I would take a chopped down stick to this guy.
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    izdr Why did the arborist only appraise 11 trees instead of the whole trespass? Tree value can be measured in different ways. If this was a remote and wooded area not near a house, it could be argued that you are entitled only to stumpage value or decrease in property value, which would be well less than your $13k offer.
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    izdr Or, if the trees served a privacy/shade/ornamentation purpose, replacement value is arguably the proper measure. Even with the small trees you've mentioned, that amount could be in the six figures for 200 trees (I would guess around $200K).
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    izdr In my experience, you generally get better results pre-suit settlement vs after a lawsuit is filed. This is because defense lawyers understand the nuances of measures of damages better than insurance adjusters.
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    izdr However in this situation $13k seems too low. I would be shooting for $100K based on the information you've presented if these trees are near your home or impacted privacy/etc.
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    Any Decision_1599 OP As to why he only valued 11 trees.... He said that was what was viable in 30 years. But 30 years is a bit away...
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    Sea_Magazine_5321 Im not an expert but I don't think the concern is "value of lumber once the tree hits maturity" You need to know "how much it would cost, to replace my 200 trees. Not replace with 200 saplings.... Replace your trees, exactly how they were - before they were illegally cut down
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    Sea_Magazine_5321 If your neighbor cut down 200 old growth redwoods? They better find, purchase, transport, and properly plant them. Sounds ridiculously expensive? YEAH! Your neighbors undid decades of growth.
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    PanicSwtchd They did this because they knew they could get away with it and figured it would be better to just do it, pay the fine and get what they want. The fact that you went up to them and told them it was a land issue and to stop and they continued makes it clear that the neighbor and the landscaper didn't care.
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    PanicSwtchd If they took down 200 of your trees, nail them to the wall for 200 trees + your expenses. You need to make it expensive for them or this will happen again.
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    ktappe $13K is a lowball. Do not accept, especially when your expenses are over 50% of that. If you have a good lawyer, they should be advising you of how strong your case is. "Honest mistake" is not a defense, especially when you specifically told them multiple times to stop and stay out. Why are you concerned about legal fees with such a strong case and law on your side? By all means proceed!

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