What is the name of your state? Colorado
My question: Should my neighbor reimburse me, legally? Should I take him to court?
This is what really happened, for now it is over and working, at my expense:
As I have explained in another thread I live in a very small mountain community in a valley. My septic system is in my side yard, tank and leach field. Not much room between my system and the fenceline but it is legal setbacks. Along this fenceline between my property and my neighbor stood many many large 40 foot tall cottonwood trees. These trees were probably 40-50 years old. My septic started acting up so I called out a guy to pump my tank. We discovered the tank was absolutely totally engulfed in roots from these cottonwood trees, so was the leachfield. I cleaned the tank and made it work for another year or so but it was obvious something needed to be done. During that year one of the cottonwood trees fell and landed on the roof of my guest home. It did some damage but luckily not a lot. I removed it myself. I went to my neighbor and showed him the tree on my roof and explained to him that the trees need to come out as they were destroying or had already destroyed my septic system. He told me he would look into it. He did have a tree guy come out but nothing was ever done. I didn't mention it to him again. Shortly thereafter I took my chainsaw, my tractor and my wife and we cut down 23 of the 40 foot tall monster cottonwood trees very carefully one at a time. I do know how to do this very well. I cut them into about 12 foot lengths and they now comprise a pile of wood on my neighbors property next to the creek about 40 feet long, 30 feet wide and 15 feet tall. The tree man wanted almost 20 grand to do the work I did in three days. I did it at my own expense.
I then went to work getting a permit to put in a new septic system. They call it a "repair permit". In order to comply with county rules I needed to put part of the underground leach field on my neighbors side of the fence. I went to him and asked if I could have an easement for this purpose. He said, sure, no problem, I want to be a good neighbor. So, I proceeded to have the easement drawn up legally by my other neighbor who happens to be the parallegal for the county attorney. I took the paperwork to my tree neighbor to have him sign it so it could be recorded. He then informed me that his wife wanted 6 thousand bucks for the use of 500 square feet of their property. I blew my stack at first. We settled on 2250 bucks, I gave them a check and we recorded the easement and I now have a new septic system in place working very well.
This took place a year ago. The more I think about what really happened the more mad I get. I needed the septic system in and I needed it done before winter so I agreed to the insane ransom I had to pay. Now I am thinking that my septic was destroyed in the first place by his trees. I saved him about 20 grand the tree guys would have charged to remove the trees and then I pay this guy 2250 bucks for the privilege of fixing my system that his trees destroyed. All in all it cost me 6 grand plus a lot of my own labor in taking out the trees.
Should I just forget it or should I go see an attorney about getting compensated for what I never should have had to pay for in the first place. The septic is in and working so I now have time to "sit and contemplate". No pun intended.
Oh, just a little I guess.
My question: Should my neighbor reimburse me, legally? Should I take him to court?
This is what really happened, for now it is over and working, at my expense:
As I have explained in another thread I live in a very small mountain community in a valley. My septic system is in my side yard, tank and leach field. Not much room between my system and the fenceline but it is legal setbacks. Along this fenceline between my property and my neighbor stood many many large 40 foot tall cottonwood trees. These trees were probably 40-50 years old. My septic started acting up so I called out a guy to pump my tank. We discovered the tank was absolutely totally engulfed in roots from these cottonwood trees, so was the leachfield. I cleaned the tank and made it work for another year or so but it was obvious something needed to be done. During that year one of the cottonwood trees fell and landed on the roof of my guest home. It did some damage but luckily not a lot. I removed it myself. I went to my neighbor and showed him the tree on my roof and explained to him that the trees need to come out as they were destroying or had already destroyed my septic system. He told me he would look into it. He did have a tree guy come out but nothing was ever done. I didn't mention it to him again. Shortly thereafter I took my chainsaw, my tractor and my wife and we cut down 23 of the 40 foot tall monster cottonwood trees very carefully one at a time. I do know how to do this very well. I cut them into about 12 foot lengths and they now comprise a pile of wood on my neighbors property next to the creek about 40 feet long, 30 feet wide and 15 feet tall. The tree man wanted almost 20 grand to do the work I did in three days. I did it at my own expense.
I then went to work getting a permit to put in a new septic system. They call it a "repair permit". In order to comply with county rules I needed to put part of the underground leach field on my neighbors side of the fence. I went to him and asked if I could have an easement for this purpose. He said, sure, no problem, I want to be a good neighbor. So, I proceeded to have the easement drawn up legally by my other neighbor who happens to be the parallegal for the county attorney. I took the paperwork to my tree neighbor to have him sign it so it could be recorded. He then informed me that his wife wanted 6 thousand bucks for the use of 500 square feet of their property. I blew my stack at first. We settled on 2250 bucks, I gave them a check and we recorded the easement and I now have a new septic system in place working very well.
This took place a year ago. The more I think about what really happened the more mad I get. I needed the septic system in and I needed it done before winter so I agreed to the insane ransom I had to pay. Now I am thinking that my septic was destroyed in the first place by his trees. I saved him about 20 grand the tree guys would have charged to remove the trees and then I pay this guy 2250 bucks for the privilege of fixing my system that his trees destroyed. All in all it cost me 6 grand plus a lot of my own labor in taking out the trees.
Should I just forget it or should I go see an attorney about getting compensated for what I never should have had to pay for in the first place. The septic is in and working so I now have time to "sit and contemplate". No pun intended.
Oh, just a little I guess.