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My neighbor and I both own vacation homes in Western NC but we are both residents of other states. My neighbor came onto my property and trimmed several 8 foot bushes down to 2 feet. I have gotten a price to replace these bushes with new 8 foot bushes for an fully installed cost of $1500. My neighbor isn't willing to pay for new bushes because he said they will grow back. But that could take years. Where do I file a court case against my neighbor? He is not a full time resident of NC. He spends 4 months each year in NC. Do I file in his home state? Or do I file during the summer months in NC?
I would think that you could file in small claims court in the western NC county where your vacation homes are. Call the clerk of court office in that county and ask.
My neighbor and I both own vacation homes in Western NC but we are both residents of other states. My neighbor came onto my property and trimmed several 8 foot bushes down to 2 feet. I have gotten a price to replace these bushes with new 8 foot bushes for an fully installed cost of $1500. My neighbor isn't willing to pay for new bushes because he said they will grow back. But that could take years. Where do I file a court case against my neighbor? He is not a full time resident of NC. He spends 4 months each year in NC. Do I file in his home state? Or do I file during the summer months in NC?
What County is this in? You will have to contact an attorney and explain your situation; and he/she will direct you to the proper court, do you have photos before and after ? ("He said She said" isn't going to cut it.) There is a dollar limit on claims in a small claims court; and your county may not have a scc. It doesn't matter whether both of you are full or part time residents; as long as both own the properties and pay taxes in that county. Nevertheless, don't wait to do this, there is a statute of limitations. Sometimes just an attorney's letter is all you need.
Even in small claims court you have to prove that your neighbor did the trimming. Pictures help, dates help, estimates of replacement help, any admission of your neighbor that he did it is the smoking gun. He had no right to trim bushes on your property if the limbs did not extend on to his property.
Do you honestly expect some "he said she said" garbage to fly in court?
If you actually read the OP, it sounds as though the neighbor has admitted to cutting them down and has refused to replace them because "they'll grow back". So that doesn't sound like he said/she said at all.
Not to be mean but I wish I had the nerve of your neighbor.
For 20 yrs another neighbor and I paid to get some pine trees cut/trimmed that an older neighbor put in yrs ago. I had a awesome blood pressure dropping view from my front deck, the other neighbor had the same view from her front deck and a long distance view all the way to Flat Rock from her back deck.
Well when the new neighbor moved in she was an A-Hole from day one. We after a few months went over being neighborly and asked very nicely if the Trimmer could come as he has for yrs to trim the trees, the old hag went off like we were going to cut her head off and said NO.
I became very friendly with her B-F and he was the nicest old gentleman I ever met, when he got sick I spent weeks with him and he actually got so mad at his G-F he moved out to the garage instead of living with her. He passed and she's one of these old lady's who walks around calling the LAW on everyone for all the things she does. She should really be in a retirement home.
Bottom line of story my property value had DROPPED significantly that I have nearly no view, my other neighbor worries daily of these SIXTY foot high pine trees leaning over her house.
If you actually read the OP, it sounds as though the neighbor has admitted to cutting them down and has refused to replace them because "they'll grow back". So that doesn't sound like he said/she said at all.
Unless OP has concrete evidence (Audio or video recording, or non biased witnesses) of that its "He said she said".
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