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Urgent Tree Problem

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graciee

Junior Member
What is the name of your state?What is the name of your state? NY

About three months ago, we discovered that our neighbor's tree in the backyard was slanting at a 25 degree angle over the fence towards our side of the yard, a month later, the angle worsened to about 45 degrees. Since it looked unstable especially since it was in the area of our children's play area, we kindly asked the neighbors if they could remove it, or even at least the part that was growing into our yard. They refused. We then consulted our village office, and after reviewing photographs, they agreed with our family and told us that we should ask the neighbors to cut it down again, this time with an official letter. After that, the neighbor (a long-time lawyer in the area) responded with a FedExed letter threatening to sue if we took any measures to cut down the tree. He also made the claim that since his tree survived Hurrican Isabel and other vicious storms, that there was no proof that the tree could fall down. We then responded with a cordial letter telling them about our situation and our willingness to come see the backyard for themselves. By this time, the fence separating our backyards was starting to become bent because of the tree's weight and angle.

This past weekend, a nasty rainstorm hit the area, and surprise surprise, my backyard looked like absolute chaos. The tree became completely knocked down into our backyard. What are the legal implications with this issue? I know the storm is technically classified as an "act of God," but we were worried about this exact problem and thus asked our neighbors to remove the tree after consulting our village office for at least five months. Please help, this is becoming a huge headache for me and my family.
 


S

seniorjudge

Guest
graciee said:
What is the name of your state?What is the name of your state? NY

About three months ago, we discovered that our neighbor's tree in the backyard was slanting at a 25 degree angle over the fence towards our side of the yard, a month later, the angle worsened to about 45 degrees. Since it looked unstable especially since it was in the area of our children's play area, we kindly asked the neighbors if they could remove it, or even at least the part that was growing into our yard. They refused. We then consulted our village office, and after reviewing photographs, they agreed with our family and told us that we should ask the neighbors to cut it down again, this time with an official letter. After that, the neighbor (a long-time lawyer in the area) responded with a FedExed letter threatening to sue if we took any measures to cut down the tree. He also made the claim that since his tree survived Hurrican Isabel and other vicious storms, that there was no proof that the tree could fall down. We then responded with a cordial letter telling them about our situation and our willingness to come see the backyard for themselves. By this time, the fence separating our backyards was starting to become bent because of the tree's weight and angle.

This past weekend, a nasty rainstorm hit the area, and surprise surprise, my backyard looked like absolute chaos. The tree became completely knocked down into our backyard. What are the legal implications with this issue? I know the storm is technically classified as an "act of God," but we were worried about this exact problem and thus asked our neighbors to remove the tree after consulting our village office for at least five months. Please help, this is becoming a huge headache for me and my family.

Sue him in small claims for the cost of the fence.
 
S

seniorjudge

Guest
graciee said:
Would I be able to make him pay to clean the mess up?
Sue him in small claims for the cost of the fence, clean up, and whatever else you want. You won't get something you didn't ask for. Ask for the farm and settle for a cow.

Q: Would I be able to make him pay to clean the mess up?

A: I don't know.
 

rmet4nzkx

Senior Member
By any chance did you have a tree surgeon or arborist examine the tree for disease? Sometimes what appears to be a healthy tree may have compromised root structures. Watering to maintain lawn may create too shallow a root structure for some trees, having a report even after the fact giving a cause as opposed to Act of God will enhance your case, so get an estimate of the cost of removal and repairs, once you have the letter/report/estimates decide whether or not to go to small claims court or if there might be reason to retain an attorney. We had a similar case where the bad neighbor was an attorney, who removed trees from the wrong property, eventually he paid rather than face a lawsuit. https://forum.freeadvice.com/showthread.php?t=194104
 
S

seniorjudge

Guest
rmet4nzkx said:
By any chance did you have a tree surgeon or arborist examine the tree for disease? Sometimes what appears to be a healthy tree may have compromised root structures. Watering to maintain lawn may create too shallow a root structure for some trees, having a report even after the fact giving a cause as opposed to Act of God will enhance your case, so get an estimate of the cost of removal and repairs, once you have the letter/report/estimates decide whether or not to go to small claims court or if there might be reason to retain an attorney. We had a similar case where the bad neighbor was an attorney, who removed trees from the wrong property, eventually he paid rather than face a lawsuit. https://forum.freeadvice.com/showthread.php?t=194104
Ezekiel 31

1 And it came to pass in the eleventh year, in the third month, in the first day of the month, that the word of the LORD came unto me, saying,
2 Son of man, speak unto Pharaoh king of Egypt, and to his multitude; Whom art thou like in thy greatness?
3 Behold, the Assyrian was a cedar in Lebanon with fair branches, and with a shadowing shroud, and of a high stature; and his top was among the thick boughs.
 

rmet4nzkx

Senior Member
seniorjudge said:
Ezekiel 31

1 And it came to pass in the eleventh year, in the third month, in the first day of the month, that the word of the LORD came unto me, saying,
2 Son of man, speak unto Pharaoh king of Egypt, and to his multitude; Whom art thou like in thy greatness?
3 Behold, the Assyrian was a cedar in Lebanon with fair branches, and with a shadowing shroud, and of a high stature; and his top was among the thick boughs.
http://community.webshots.com/photo/11833183/11834998tHtoDJAUhT
 

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