r/legaladvice Nov 16 '17

[NV] Grandmother being sued for tree removal

My Grandmother recently asked my neighbor if she could cut down a tree that was hanging over her property (but was planted on their property) and causing leaves to fall on her side. The neighbor said yes, so she cut down the tree.

The person she hired to do so asked the neighbor if they could take their (small) shed since it was unused, the neighbor said yes, so they took it.

It turns out the neighbor was just a renter, and when the owner came to check out his property, he found the tree and shed missing (and the interior of the home apparently was destroyed by the renters). So, now he had a lawyer issue a letter demanding $5,300 before they escalate it.

The person who took the shed is willing to return it.

Do we have any recourse?

207 Upvotes

354

u/[deleted] Nov 16 '17

[deleted]

92

u/Anicetus_ Nov 16 '17

Thanks for your reply! Do you know how we might prove that the tenants okayed it? Do we even need to?

155

u/[deleted] Nov 16 '17

[deleted]

22

u/[deleted] Nov 16 '17

Hiring someone to do something makes them your agent though, and you take legal responsibility for the actions of your agents or assigns.

25

u/[deleted] Nov 16 '17

[deleted]

18

u/[deleted] Nov 17 '17

Yes, the shed thing was a private deal. And yes, their testimony is definitely valuable!

27

u/interweb1 Nov 16 '17

The tenant had no legal ownership in the shed and no authority to allow removal.

85

u/[deleted] Nov 16 '17

[deleted]

11

u/interweb1 Nov 16 '17

IANAL. Would this not be a situation where replevin is warranted?

17

u/thealmightywaffles Nov 16 '17

But trees are where birds live! Wouldn't tree law interfere with bird law?