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Question DetailsAsked on 6/10/2015

In OH is there a statute of limitations for next door land owner who knowingly cuts down 6 of my black walnut trees

I am disabled and was bedridden at the time of some of the cuttings, I started with a claim turning it over to my homeowners insurance but the same guy then got a Bobcat and drug all the soil next to the property line towards his 4-plex rental building, this land tampering caused water to pool next to my house when it rained. I am pretty sure you can't change the lay of land in that manner. My question is can I file a lawsuit for all the damage he has done to my property and the emotional stress he has caused my wife and I to go through.

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You would have to talk to a lawyer, but for Personal Property injury it appears to be 1 year from discovery to suit filing deadline, but up to 4 years for trespass - which a lot of your issue sounds like. CLearly, you would need to contact an attorney - most will give you 15 minutes free or very cheap to talk about the possibility of filing a suit.

Clearly, calling the cops when the trees were being cut down would have been the easiest solution up front, and would probably have stopped the other issue if you had been able to put your foot down right at the start.

Yes, changing drainage so it causes damage to adjacent property is a form of trespass.

To tell you the truth, a lawsuit is likely to cost more than you recover - and for something like this unless he has verbally abused you or such you are very unlikely to recover any secondary or punitive damages - would likely only be for the value of the trees and for any damage you had as a result of the flooding plus cost of correction of the drainage issue.

Filing a claim with YOUR insurance was a bad move - will just raise your rates even if you get nothing. Claim should have been filed with HIS insurance company.

Answered 5 years ago by LCD

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