Q: If your neighbor logs on your land, do you sue the land owner or the logger, and which law backs that up?
Our neighbor is suing us for cutting down trees on "his" land, which is actually our land. (He is also suing us for a 30 x 330 ft portion of our land by claiming squatters rights as well as emotional damage etc. Its a disaster.) But I thought that if someone cut down trees on your land you sued THAT person, i.e. the logger, not the land owner.
A: Generally, both the land owner and the logger can be held liable under the described circumstances. The issue, however is complex in your case because there is a dispute with your neighbor regarding who is claiming ownership of the property where the trees are located. But, to answer your question, both the person hiring the logger and the logger can be held liable for cutting the trees down on a property not owned by the person hiring the logger.
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