Deering, NH tree dispute settles for over $50,000

Year of Incident: 2025

Location: Deering, NH

Result: Pre-suit settlement of $55,000

Attorney: Israel F. Piedra, Esq., of Welts, White & Fontaine, PC

Case Summary

The Plaintiff property owner resided in Deering, NH. A neighbor to his rear engaged in a tree-clearing project but failed to confirm the boundary lines before starting to cut. As a result, the neighbor cut approximately three dozen trees on Plaintiff’s property ranging from 3 inches in diameter to 14 inches in diameter. Plaintiff commissioned a survey confirming the extent of the trespass.

The neighbor attempted to blame the trespass on the contractor he had hired to perform the tree removal work. He claimed that he had delineated the property line but that the contractor had ignored his instructions.

Ultimately, the neighbor’s homeowners insurance acknowledged that the neighbor likely held responsibility. There was no evidence supporting the neighbor’s assertion that the contractor had “gone rogue.” As the hiring property owner, the neighbor had a responsibility to carefully instruct and monitor the tree removal work being conducted on his behalf. This he failed to adequately do.

The neighbor’s homeowners insurance agreed to settle the matter for $55,000 prior to the Plaintiff needing to file a lawsuit.

$325,000 settlement in Mont Vernon, NH timber trespass case

Year of Incident: 2023

Location: Mont Vernon, NH

Result: Pre-suit settlement of $325,000

Attorney: Israel F. Piedra, Esq., of Welts, White & Fontaine, PC

Case Summary

The Plaintiff owned a home in rural Mont Vernon, NH. A neighbor hired a logger to clear pine trees from the back of his property. Unfortunately, neither the neighbor nor the logger verified the property boundaries prior to cutting. As a result, over 45 mature white pine trees, ranging from 10 to 25 inches in diameter, were cut down on the Plaintiff’s property.

It appears that the logger and neighbor mistakenly believed that the property line was a certain stone wall in the back of the neighbor’s property. However, the neighbor’s property actually ended almost 100 feet prior to the stone wall.

Plaintiff’s counsel filed claims with both the logger’s liability insurance carrier and the neighbor’s homeowners insurance. Unfortunately, the logger’s liability policy had a “cross-cutting” sublimit that limited its insurance coverage to only $25,000 for tree trespass claims. Thankfully, the neighbor’s homeowner’s insurance policy had a liability insurance limit of $300,000.

Plaintiff’s counsel estimated the replacement cost of the felled trees as more than $380,000. In light of the significant damages and the fact that there was no real defense to liability, both insurance policies paid their limits, for a total settlement of $325,000.

Trees destroyed by neighbor’s house fire in Milton, NH; $100,000 settlement reached

Year of Incident: 2021

Location: Deering, NH

Result: Pre-suit settlement of $100,000

Attorney: Israel F. Piedra, Esq., of Welts, White & Fontaine, PC

Case Summary

In 2021, a huge house fire occurred at the home of Plaintiffs’ neighbor in Strafford County. Tragically, the blaze destroyed the neighbors’ house. The fire spread quickly onto our clients’ property. Thankfully, it did not damage their home; however, it did burn and destroy at least two dozen trees in their front yard. What was previously a very private lot with a rural aesthetic became exposed and barren.

An investigation by the State of New Hampshire Forest Protection Bureau determined that the likely cause of the fire was a cigarette that had been improperly discarded on the neighbor’s property. Criminal charges were not pursued; however, that did not foreclose the possibility of a civil lawsuit.

Prior to retaining counsel, the Plaintiffs reported that the neighbor’s homeowners insurance had given them “the runaround” and refused to pay for their damages. In 2023, the Plaintiffs finally decided to seek legal counsel and hired Welts, White & Fontaine, PC, to represent them in their claim. Approximately one month later, the homeowners insurance agreed to pay their full policy limits of $100,000 to settle the case.