Trees taken down on recently purchased property

[walkeasy]

What is the name of your state (only U.S. law)? VA

Hi, I just purchased 6 acres. While identifying the four corners it was noted that on a back corner the neighbor recently (this summer most likely) cut down a good many trees on my (now) land and also on his. It looks like this was done for clearing his view as his house is built up. These are huge oak trees. Very large and the mess is very big. As I mentioned some of these are on his side, they are now laying on my property. Others are mine, no question and laying on my property.

I had the corner clearly marked by a survey team. The iron rod was still in the ground, where it should be. There are wood piles neatly stacked all around the corner. Just yesterday i visited the spot and noticed he recently cut up a tree that is on my property but part of the mess. It looks like he is using this as fire wood.

My plan is to be nice and understanding and find a balance. I want to put up a fence but it will take considerable work to clean up the boundary line.

What if any are my options? Can I ask them to clean the boundary line and keep whats on my side mine, and theirs theirs? Can I force him to do it or pay to have it done?

 

[FlyingRon]

You can ask for anything you want.
You can enjoin him from further entering on your land to take things and to not cut any more of your trees.

You can't force him to "clean up" anything from before you bought the property.

If his property is fenced, you can ask him to pay his share of maintaining a common fence on the boundary. However, if he choses not to fence his property, the fact you want to fence yours doesn't incur any liability on his part. You can send him a notice of intent to create a division fence and it's up to him to affirmatively state he intends his land to "lie open." If he doesn't, then you can pursue his share of the fencing. I presume there's no "livestock" involved here that would bring in other parts of the code. Of course, you also need so ascertain if he's previously made such a declaration.

 

[STEPHAN]

Just yesterday i visited the spot and noticed he recently cut up a tree that is on my property but part of the mess.

How did you notice it was him? You suspect that it was him or you know for sure?
The best would be a phone of him on your property in action. I guess that would help on negotiations ;-)