overhanging pine trees

[kallet]

I have a neighbor whose pine trees are bordering my property. These trees are located so as the prevailing winds blow all their debris (needles, buds, and sap) into my pool in the summer and onto the cover in the fall. This creates a hazard due to lost traction and not being able to distinguish the difference between the concrete and the pool cover. In the summer the pool skimmer and filter become completely clogged with buds and strains the pump. This causes no filtration and promotes algae growth. I have sent my wife over to talk to my neighbor. My neighbor slammed the door in my wife’s face. We then sent a couple of handmade cards to try to invite my neighbor over to see the damage. My neighbor contacted a lawyer and he then told me to stop bothering her , due to the fact she is a widow. Her attorney happened to be working in the same law firm as my attorney , who at the time was working on estate planning and real estate transactions for me. My lawyer advised her lawyer this was unethical and he should drop the case. Her lawyer has ignored this and now I can not even use my lawyer to get advice on this matter. I have continued to send numerous letters with pictures and a videotape to my neighbor and her lawyer. I have asked her to please come and see personally the hazard. I have sent all these certified and retained all the receipts. This has been going on for over a year, to no avail. Where do I stand legally? Is there ethical issues with her lawyer taking this case? What is my next move? Small claims courts? Thank you for your help.


Tim

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by kallet:
I have a neighbor whose pine trees are bordering my property. These trees are located so as the prevailing winds blow all their debris (needles, buds, and sap) into my pool in the summer and onto the cover in the fall. This creates a hazard due to lost traction and not being able to distinguish the difference between the concrete and the pool cover. In the summer the pool skimmer and filter become completely clogged with buds and strains the pump. This causes no filtration and promotes algae growth. I have sent my wife over to talk to my neighbor. My neighbor slammed the door in my wife’s face. We then sent a couple of handmade cards to try to invite my neighbor over to see the damage. My neighbor contacted a lawyer and he then told me to stop bothering her , due to the fact she is a widow. Her attorney happened to be working in the same law firm as my attorney , who at the time was working on estate planning and real estate transactions for me. My lawyer advised her lawyer this was unethical and he should drop the case. Her lawyer has ignored this and now I can not even use my lawyer to get advice on this matter. I have continued to send numerous letters with pictures and a videotape to my neighbor and her lawyer. I have asked her to please come and see personally the hazard. I have sent all these certified and retained all the receipts. This has been going on for over a year, to no avail. Where do I stand legally? Is there ethical issues with her lawyer taking this case? What is my next move? Small claims courts? Thank you for your help.


Tim<HR></BLOCKQUOTE>

The neigbors attorney had a conflict of interest. File a complaint against him/her with the Office of Disciplinary Counsel. (The office that regulates licensed attorneys) and the American Bar Asociation.
Hire a new attorney from a different law firm. The new attoney will be able to advise you if the matter is a small claims case or not. There is a dollar amount limit for small claims action which may be $5000. If those pine trees are huge and plentiful, the costs to trim may exceed the small claims ceiling.