Fallen Tree

[sportsfan99]

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

A few years ago, our neighbor stripped (it looks like a wood stick) one of the trunks of our pine tree that was hangs over slightly to their property without our consent or pre-approval (they did it when we were on vacation). We took them to small claims court and they counter sue for costs they paid to their gardener to cleanup the pine needles. The judge dismissed both claims at the time.

The naked trunk broke off and fell into our neighbor's property a couple of weeks ago. Their iron fence was partly damaged, one of the wood block ends from their patio cover was broken off, and some plants damaged but no major damages to the property. They asked us to pay for their losses and we told them no because they killed our tree. This wouldn't have happened if they didn't strip it a few years ago.

They sent us a demand letter yesterday asking $2,000 reimbursements for their repair costs and tree removal. Do we need to response to their demand letter or just ignore it? They will most likely file a small claims against us. What's our chances of winning the case?

 

[Zigner]

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

A few years ago, our neighbor stripped (it looks like a wood stick) one of the trunks of our pine tree that was hangs over slightly to their property without our consent or pre-approval (they did it when we were on vacation). We took them to small claims court and they counter sue for costs they paid to their gardener to cleanup the pine needles. The judge dismissed both claims at the time.

The naked trunk broke off and fell into our neighbor's property a couple of weeks ago. Their iron fence was partly damaged, one of the wood block ends from their patio cover was broken off, and some plants damaged but no major damages to the property. They asked us to pay for their losses and we told them no because they killed our tree. This wouldn't have happened if they didn't strip it a few years ago.

They sent us a demand letter yesterday asking $2,000 reimbursements for their repair costs and tree removal. Do we need to response to their demand letter or just ignore it? They will most likely file a small claims against us. What's our chances of winning the case?

Their claim will be that you had a tree on your property that you should have known wasn't structurally sound (for lack of a better phrase.) You should have taken steps to fix the problem, and your failure to do so caused the damage to their property. I'd say they have better than even odds of winning.

 

[sportsfan99]

Their claim will be that you had a tree on your property that you should have known wasn't structurally sound (for lack of a better phrase.) You should have taken steps to fix the problem, and your failure to do so caused the damage to their property. I'd say they have better than even odds of winning.

The other trunk on this pine tree is still alive and growing. If we remove the naked trunk, the tree will be off balanced (like it is right now) and has to be removed completely. That's why we filed a claim originally to have the neighbor remove the entire tree. They denied and claimed the tree is still alive. What points can we use to make a stronger case?

 

[LdiJ]

Their claim will be that you had a tree on your property that you should have known wasn't structurally sound (for lack of a better phrase.) You should have taken steps to fix the problem, and your failure to do so caused the damage to their property. I'd say they have better than even odds of winning.

I do not agree. The neighbor deliberately damaged the tree which resulted in the current situation. I would not call it "better than even odds"...at least not for the neighbor.

 

[Zigner]

I do not agree. The neighbor deliberately damaged the tree which resulted in the current situation. I would not call it "better than even odds"...at least not for the neighbor.

That happened years ago and was already adjudicated. The OP ignored the situation after that.

 

[LdiJ]

That happened years ago and was already adjudicated. The OP ignored the situation after that.

We will have to agree to disagree. I believe that the previous adjudication actually works in the OP's favor, not the neighbors.

Removing the bark from a tree or part of a tree, kills that part. That is irrefutable. The neighbor's argument in the previous case was that they had the right to deal with the part that overhangs their yard, and since it did not kill the tree, they didn't owe any damages.

However, they did not fully deal with the part that overhangs their yard, they only made sure that part died. Now they want damages because they part they killed, came down and did damage to their property.

 

[Zigner]

We will have to agree to disagree. I believe that the previous adjudication actually works in the OP's favor, not the neighbors.

Removing the bark from a tree or part of a tree, kills that part. That is irrefutable. The neighbor's argument in the previous case was that they had the right to deal with the part that overhangs their yard, and since it did not kill the tree, they didn't owe any damages.

However, they did not fully deal with the part that overhangs their yard, they only made sure that part died. Now they want damages because they part they killed, came down and did damage to their property.

My point is that after the case was adjudicated, the OP had a responsibility to deal with the tree.

 

[LdiJ]

My point is that after the case was adjudicated, the OP had a responsibility to deal with the tree.

Again, we will have to agree to disagree as to who was responsible to deal with the part of the tree that overhangs the neighbor's yard. The person who owned the tree, or the person who deliberately and admittedly killed that part of the tree.

 

[Zigner]

Again, we will have to agree to disagree as to who was responsible to deal with the part of the tree that overhangs the neighbor's yard. The person who owned the tree, or the person who deliberately and admittedly killed that part of the tree.

I understand your position and I think that either position is a valid one