During a March 2015 fence reconstruction between Deal’s 120‑acre recreation tract and the property of Ivan Black, Douglas Black and his crew cut trees without a boundary survey. The work ran roughly 300 feet along a bluff top, and no survey confirmed the exact property line.
Deal, who only visits the hard‑to‑reach bluff once a year, noticed the felled trees a year later and sued Douglas in December 2017, alleging trespass and seeking compensation. Deal’s lawyer presented evidence that the trees were cut as far as 70 feet from the old fence line, totaling 133 felled specimens.
Forestry experts testified that 115 post oaks, five hickories, and other species had been cut, valuing losses at $13,799 to $61,497, while Douglas’s arborist estimated a mere $1,273. The district court awarded $6,500, reducing $400 for attorney fees incurred by Deal’s counsel after a last‑minute trial continuance.
The Kansas Court of Appeals ruled that the two‑year statute of limitations did not apply because the damaged area was inaccessible, thus upholding the lower court’s decision and confirming the $6,500 award.