A legal question and answer line for seniors.
Dear Senior Legal Line:
I am 71 years old. I live on a wooded property that I have owned for 40 years. The other day, my neighbor Jacob came over and cut down one of my spruce trees to use as his Christmas tree. Jacob and I have had issues in the past and I have told him he is not welcome on my land. I put no trespassing signs up last year. What can I do? — Signed, Ebenezer
Dear Ebenezer:
It’s hard to keep the holiday spirit going when someone damages your property.
The first thing to remember is to not do anything rash. I know this is frustrating to you. You do have some options but you also have some things to think about.
First, you may want to think about talking to Jacob about this problem. You could maybe use this as an opening to mend your neighborly relationship. Perhaps Jacob was unsure if the tree was on your property or his. Or maybe you could ask Jacob to pay you for the tree that he cut down. You could even tell Jacob that even though you wish he would have asked you first, you consider the tree to be a gift to him, in order to forge a bond between you both. If you are not comfortable talking to Jacob on your own, you could hire an attorney to talk for you or ask that he come to a mediation session to resolve the situation.
If talking to Jacob or mediation aren’t options you wish to try, you may also sue Jacob in conciliation court for value of tree and any other damages you incurred. Conciliation court can handle cases that consider damages of $15,000 or less. Of course, you could sue in district court, but the filing fee and your time and other expenses will be greater. No matter which court you want to sue in, you need to consider some things.
You need to have proof that Jacob took the tree. If you do not have proof and you lose, the court will probably award Jacob his costs to defend himself, including his attorneys fees. Did Jacob tell you that he took the tree? You also need to figure out what your damages are. Did Jacob damage your land when he removed the tree? What is the tree worth? Minnesota Statutes Section 548.05 says that you can sue someone for the theft of wood, timber, lumber, hay, etc., after someone trespasses on your land.
The statute allows you to ask for “treble damages,” meaning you can multiply the value of the tree (and any other damages) by three. While the prospect of tripling your possible recovery may be tempting, bear in mind that there are costs associated with a lawsuit. Your strained relationship will become more strained. After all, you will both probably continue to be neighbors, so perhaps you would rather try to resolve the problem in a way that repairs your relationship (e.g. mediation). Also, as with any lawsuit, Jacob, as the defendant, may try to bring up old ghosts of troubles between you in some form of counterclaim. Further, even if you win, perhaps Jacob will not have anything you can collect from him to pay off the judgment.
You may also try to sue him for civil trespass if he came onto your land without permission, but consider the same types of things I discussed above.
Another option is to report this to the police to see if Jacob would be charged with a crime, perhaps theft and/or criminal trespass. It will be up to the prosecutor to decide if there is enough evidence to bring any criminal charges against Jacob. Again, consider what proof you have that Jacob trespassed and took the tree and consider ways to resolve the damages and heal your relationship.
This column is written by the Senior Citizens’ Law Project. It is not meant to give complete answers to individual questions. If you are 60 years of age or older and live within the Minnesota Arrowhead Region, you may contact us with questions for legal help by writing to: Senior Citizens’ Law Project, Legal Aid Service of Northeastern Minnesota, 302 Ordean Bldg., Duluth, MN 55802. Include a phone number and return address. To view previous articles, go to: www.lasnem.org.
Lilith Elizabeth Anderson, 92, of International Falls, Minn., died Tuesday, Dec. 23, 2014, at the Good Samaritan Society-International Falls.
Lilith was born March 3, 1922, to Fred and Emma (McFadden) Cornell in LaVallee, Ontario.
Lilith grew up in Fort Frances, Ontario, and graduated from Fort Frances High School, Class of 1938 and Senior Matriculation in 1939. She attended Alma College at St. Thomas, Ontario, concentrating on music.
On June 12, 1943, Lilith married Raymond Vinton Anderson and moved to Minneapolis, Minn., for a short time and returned to International Falls in 1951. They moved to Haver, Mont., for five years before moving back to International Falls once again.
Lilith was an active member of Faith United Church of Christ and was well known in musical circles, acting and singing in several musical productions of Rainy Lake Playhouse.
She was employed in the clinic of Dr. George Crow and later in medical records at Falls Memorial Hospital. Following a short retirement, Lilith worked part-time at United Health Care.
She volunteered at the Falls Hunger Coalition, Good Samaritan Society and Backus Community Center. She was a member of the local diabetes chapter, former member of Eastern Star, and singing in the “String of Pearls” group and in local productions of Handel’s Messiah which was a pure joy to Lilith.
Besides her lifelong love of music, Lilith took great joy in being a parent and being “Nana” to her great-grandchildren. As each grandchild came along it was apparent to all, her love for each one deepened.
She was a devoted sports fan and her family could always count on her deep interest in all their activities and pride in their accomplishments.
Lilith was preceded in death by her husband, Raymond Anderson; parents, Fred and Emma Cornell; and three sisters, Elaine Jardine, Noreen Cornell and Audrey Cornell.
Lilith is survived by her son, Bruce (Judy) Anderson of Rogers Corner; three grandchildren, Raymond (Mellissa) Anderson, Harold (Stacey) Anderson and Carmelle Anderson; nine great-grandchildren, Mackenzie Anderson, Dane Anderson, Colton Anderson, Brendan Anderson, Ariel Anderson, Katie Lundemo, Jacob Lundemo, Robby Raukohl and Emily Raukohl; and one great-great-grandchild, Bentley Apitz.
In memoriam donations would be preferred to Faith United Church of Christ in International Falls.
A memorial service will be conducted at 11 a.m. Saturday, Dec. 27, at Faith United Church of Christ, International Falls.
Interment will be in the Veterans of Foreign Wars section at Forest Hill Cemetery.
Condolences may be left at www.greenlarsen.com.
Arrangements are with Green-Larsen Mortuary Inc., International Falls.
Cheryl Ann Alexander, 56, of International Falls, Minn., died Saturday, Dec. 20, 2014, at Hillcrest Oaks Assisted Living Facility after a long battle with dementia.
She was born July 15, 1958, to Lloyd and Viola Moxley at International Falls.
Cheryl worked as a cosmetologist and later was employed at Boise Cascade on the sploxline for the number two will sheeter.
Her greatest passions in life were her flower gardens and being a grandma to her wonderful granddaughter, Destinee.
She was preceded in death by her parents and a brother, Bill Moxley.
Survivors include her daughters, Britny Alexander (Robert Stricker) and Bobi-Jo Christensen (Elijah Fish); son, Quinton Alexander; brothers, Jerry and Charles Moxley; one granddaughter, Destinee Fish; and loyal pet, “Blue.”
Memorial services will be conducted at 10 a.m. Saturday, Jan. 17, 2015, at Green-Larsen Mortuary.
Interment will be at Ericsburg Cemetery.
Condolences may be left at www.greenlarsen.com.
Green-Larsen Mortuary Inc., is in charge of arrangements.
