dead tree on fence

[luisa]

What is the name of your state? tx
Back in feburary of this year my mean and hateful nieghbor's dead tree fell on my fence- well, part of the tree, being the type of person he is, I called the police out there and asked them to talk to him about fixing my fence.
The officer told me that the nieghbor had acknowledged the problem and that he would take care of it. This was in FEBURARY. He has done nothing so in April I sent him a certified letter asking him to fix my fence or I was going to small claimes court. He never responded. The police had told me that it was a civil case and they couldn't make him fiix it, that I would have to let a judge dicide.
So I have dicided to sue him. I went to the court house and filed a suit againt him almost two weeks ago.
Saturday I got a letter from him- the nieghbor telling me the the tree falling and damaging my fence was "an act of God" and that it will only take him 150.00 to fix it instead of 490.00 + court cost that I am suing him for. That 490.00 is the amount that I got for fixing the fence and having someone haul off the branches and limbs that after the second time of us cleaning decided to let the court decide.
By the way- He also states in his letter that the tree "is not dead". and that it is a safe tree. I have pictures to prove other wise.
I feel like I gave him plenty of time to fix the problem at his "cost".
Now it's too late.
Please advice me as to what I need to be prepared and do I have a chance in court?
Thanks!What is the name of your state?

[danno6925]

in feburary of this year my mean and hateful nieghbor's dead tree fell on my fence- well, part of the tree,

Am I to infer that a portion of the tree remains standing?

I called the police out there and asked them to talk to him about fixing my fence.

If you'd done this to me, I'd be spiteful toward you as well. All you needed to do was call the guy, let him know there was an issue and discuss it with him. You could have come to a solution that was agreeable to both parties, and you would have a fence instead of an eyesore and a lawsuit on your hands.

Saturday I got a letter from him- the nieghbor telling me the the tree falling and damaging my fence was "an act of God" and that it will only take him 150.00 to fix it

And you're still going to sue him for the full amount? Take the 150.00 for the fence and move on. The tree limbs on your side of the property line are yours to deal with. Trees and property lines are pretty common questions in this forum. Reasearch will show you the answer.

do I have a chance in court?

You always have a chance - just as anyone can sue anyone else for nearly anything. IMO, you've ignored the solution the neighbor offered. The wood on your side of the line is not his to deal with. Besides, if you called the cops to report the tree coming down on your fence, I would sure as hell not trespass on your land to remove it, since that would just open me up to even more headaches!

[Dave Stevens]

I think you are doing the exact right thing. If you fall for his bait (the lousy $150) he will take you as a chump because he knows you would have won in court and were too afraid to push it. And he will still be spiteful of you for calling the police and asking for money.

Go to court, take your evidence, and hope for a win. BTW, I have no idea about the law on this so I dont know if you will win or not. But at least he will get the point that you are no pansy.

And follow through: If he is mean like you say, he will keep trying things to annoy you - as soon as he steps over the line, go get a restraining order. Make sure you document anything he does that can be used as evidence of harrassment. The law is there to protect innocent people and resolve conflicts - exactly what you got.

[danno6925]

Dave:

First of all, read up on the subject before you offer advice that is completely wrong. The topic of trees and damages caused by them is widely discussed on this forum. I suggest you read up on the subject. That is, as opposed to believing that a restraining order will solve all of life's problems.

Maybe she could take out a restraining order against the tree and inform it that the limbs can be no less than 500 feet from her at any time, or she'll be within her legal rights to brandish a chainsaw and attack them! She could call the cops and insist that they get the tree off of her property or it will be cited for trespassing!



If you check the thrird portion of my answer, you'll note that it spells out (as clearly as I can make it) the answer to her question. Debris is hers to deal with as it is on HER property. The neighbor is offering to fix the fence for her, but she is also suing him for the removal of the debris claiming it came from his property. Judge ain't gonna buy that argument. It's arrival on her property was through an "Act of God" which many homeowners insurance companies do not insure against, unless there is specific verbiage in the policy regarding same.

Most likely, the 150.00 is all that she'll be awarded. Most of that, if not more, will go towards covering her court costs! If insured against AoG, the homeowners ins co is the best bet, not the neighbor.