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Illegal deforestation

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FAIRCLOUGH
  10/27/2018 13:12 EST

Two years ago we bought a beautiful property in Pucon with a view of the lake and thick rows of trees around the perimeter of our property to isolate our yards from the neighbors. While we were out of town for a few weeks, the landowner uphill of our back yard enterd our property and cut down a large number of trees so he could sell his lots with a view of the lake for higher prices. Large part of the timber was stolen and the branches left behind. The surrounding neighbors assure me this is not a standard thing here. They are apalled and they called the carabineros who filed a criminal report. Here there are three approaches that we are now considering with an attorney.
A criminal suit for illegal entry and damage to our property.
B civil suit to recover cost of re-planting.
C file a report with forestry for illegal removal of native species of trees.
I havebeen repeatedly assured that this is not a common practice and that the consequences could lead to the perpetrator having a criminal record or if he already has a criminal record it could mean jail time.
Chileans take their forestry seriously and trust me, you do not want to go to jail in Chile. As a result, crime is extremely low here, we live without bars on our windows or doors, without alarm systems or patrolling. we want to keep it that way.

badbanterer
  10/27/2018 13:27 EST

Ugh! This is quite an eye-opener! How could your neighbor think they were going to get away with this, particularly if they were Chilean?

I too, seek a large property with native trees.

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Socium
  10/27/2018 15:09 EST

Wow, what a disruptive action of your neighbor. I strongly advise to present a claim at Conaf, as cutting native trees require permits. However the strongest damage you could cause to him is to present a civil case for an indemnization and ask your attorney to present in parallel a preliminary ( precautoria) legal action over his property. If the judge authorize this caution, he will not be able to sell his lot before he comes to an agreement with you.

Conaf or forestry department sanctions are heavy, but very frequently strongly diminished by an appeal as this affairs are decided by the Local Jud ( Juzgado de PolicĂ­a Local). These trials are for common things like transite fines, dispute among neighborgs and the forestry fines.

Instead Civil Cases are more dense and slow in answering and you are asking for compensation.

if you want to really bother him, a criminal case is strong if your attorney think the irruption is really strong, although I think it may be hard to prove his felony. Perhaps some of the trees were right on the middle of the limit, so the product could be owned by both parties.

But if you planted trees, you can ask for civil compensation. if the price of the property was higher due to older and developed trees, then you can ask for such value of a grown tree.

You can do the three things, but ask your attorney to decide between the civil case and the local judge. Perhaps presenting the case at Conaf, if the local judge takes decision, you may loose the handle to go to a Civil Case, because it will be the same subject being judged.

So, ask for clarification on this.

Regards

Teo

cesarolga48
  10/27/2018 15:40 EST

Something similar happen to me few years back, I purchase some land with ocean views, the original owners cut the neighbor trees (eucaliptus) to have amazing views of the ocean and get better price on the property, then 3-4 years later the Eucaliptus are so big that I get only partial views, the good thing is that they cut them for firewood every 3-4 years. So, is about that time. Hopefully I get the views back.

FAIRCLOUGH
  10/28/2018 09:49 EST

Thank you Teo. The file with Conaf was created Friday. Our attorney is working up a budget for the penal case which is mostly cut and dry with two witnesses and a report by the carabineros that caught them in the act. The file was elevated to the PDI. With the penal case underway his properties will be sequestered as needed and may be sufficient to get him into a querella to settle. A civil case is more difficult and a slow process but an option if he is not willing to settle.

FAIRCLOUGH
  10/28/2018 09:49 EST

Thank you Teo. The file with Conaf was created Friday. Our attorney is working up a budget for the penal case which is mostly cut and dry with two witnesses and a report by the carabineros that caught them in the act. The file was elevated to the PDI. With the penal case underway his properties will be sequestered as needed and may be sufficient to get him into a querella to settle. A civil case is more difficult and a slow process but an option if he is not willing to settle.

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