What is the name of your state (only U.S. law)? California
A few months ago my neighbor accosted me in front of my home about branches from a large tree in the back of my property hanging over his property, specifically an unattached garage facing the alley. He told me that if a fire were to occur it could spread to his property because of those overhanging branches. He said that he had tree trimmers that were going to cut the branches (on his side) and that the cost would be $1000. I said I would look into it, at which point in a menacing tone of voice he stated that he was going to have the limbs cut and that I owed him the money for the cost to have the limbs cut. He told me that he would give me 5 minutes to write him a check! Since I didn't know any better at the time, and not wanting to be sued for having tree limbs encroach on his property and avoid a (possible) legal dispute with him, I wrote the check and gave it to him.
It is only recently that I learned that I was not responsible to pay for his tree trimmers. According to the law, it is his responsibility to maintain his property such that he is allowed to trim back any overhanging limbs up to his property line and that I should not have been financially responsible to pay for that service. Does my ignorance of the law prevent me from suing for money I paid for services that were not my responsibility. Or does my payment mean that I agreed to pay for something that I really didn't owe and that it would simply be my fault for my ignorance at the time? Do I have grounds for a reasonable request for getting my money back? Is this a matter that can be handled in small claims court? When he first confronted me and I asked to see what I could do, I wanted to get another estimate for less than $1000 from people that have done landscape work for me in the past. However, he insisted that the tree trimmers were there now and that it was going to be done and that I owed him the money. If I had had the time and researched it, I probably would have learned that I didn't owe him anything. I just didn't know any better at the time.
A few months ago my neighbor accosted me in front of my home about branches from a large tree in the back of my property hanging over his property, specifically an unattached garage facing the alley. He told me that if a fire were to occur it could spread to his property because of those overhanging branches. He said that he had tree trimmers that were going to cut the branches (on his side) and that the cost would be $1000. I said I would look into it, at which point in a menacing tone of voice he stated that he was going to have the limbs cut and that I owed him the money for the cost to have the limbs cut. He told me that he would give me 5 minutes to write him a check! Since I didn't know any better at the time, and not wanting to be sued for having tree limbs encroach on his property and avoid a (possible) legal dispute with him, I wrote the check and gave it to him.
It is only recently that I learned that I was not responsible to pay for his tree trimmers. According to the law, it is his responsibility to maintain his property such that he is allowed to trim back any overhanging limbs up to his property line and that I should not have been financially responsible to pay for that service. Does my ignorance of the law prevent me from suing for money I paid for services that were not my responsibility. Or does my payment mean that I agreed to pay for something that I really didn't owe and that it would simply be my fault for my ignorance at the time? Do I have grounds for a reasonable request for getting my money back? Is this a matter that can be handled in small claims court? When he first confronted me and I asked to see what I could do, I wanted to get another estimate for less than $1000 from people that have done landscape work for me in the past. However, he insisted that the tree trimmers were there now and that it was going to be done and that I owed him the money. If I had had the time and researched it, I probably would have learned that I didn't owe him anything. I just didn't know any better at the time.
