Neighbors Tree

[thecrew74]

What is the name of your state (only U.S. law)? Missouri


I want to know what willfull liability means?

I have a neighbor that says it is willfull liability and that he is not responsible for the cost of repairs to our foundation. He has a tree that has roots that are grown into the foundation of my home. Very visible. I have pictures of them. The neighbor is going to remove the tree's but he says he is not responsible for the cost of the repair to our home
I posted on another forum but I found this link at that forum and thought i would give it a try. I hope I do not offend anyone for posting on two different forums.
I am just so darn desperate at this point, and yes I do plan to hire a lawyer and have called and spoke with him but he said that he wasnt sure of what the law is on this sort of situation so he would have to do some research anyhow, it is going to be atleast 4 weeks before i can actual give him a retainer, I just hope someone can give me some insight . I am so darn worried that my time line is going to expire and I will not have a leg to stand on.


Thank You For Your Time

 

[divgradcurl]

Send you neighbor a letter, certified with a return receipt (so you can prove that he got it later, if necessary) stating that the tree roots are causing damage to your foundation, and providing some details as to the damage.

The general rule is that you are responsible if tree roots from a tree on your property are causing damage to a neighbors property -- but only if you are put on notice of the damage, and you do not make efforts to correct the issue in a reasonable time. Whether or not the damage the roots are causing is sufficiently visible to put the neighbor on notice is a question of fact for a court to decide -- so you want to make sure that the neighbor is put on notice by sending the letter.

If you knew the roots were causing damage, and did nothing, the nieghbor may not be responsible for all of the damage -- even if he were on notice. But this all depends on the facts, put the neighbor on notice, and go from there.

 

[thecrew74]

thank you

Thank you



I have posted in another forum for some advice on this particular subject and I felt that the response I received had more sarcasim in it then helpful advice.

Your response is very helpful and I just wanted to say Thank You
I will send my neighbors a letter of notice
I will actually be able to retain a lawyer this coming Monday, I will certainly be utilizing your site for a referral on this subject.

Thank You for your time
Thank You for not posting sarcastic remarks.


Sincerely
Stephanie