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Can neighbor sue for sap from my tree ruining his car's paint job?

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wegas

Junior Member
I am in Missouri, around the 1st of June my neighbor cut down a tree in my yard, with my permission under the following stipulations: A licensed and insured professional would be the one to cut the tree down, and he would dispose of the brush and trunk. To which he agreed (verbally). I allowed him to cut it down since it did drip sap on his truck when he parked in his driveway. Previously I had allowed him to trim several feet into my yard to help reduce the damage.

The same day the tree came down, he tells me that it will cost me $100 for brush removal. I remind him this is not what we agreed to and that it needs to be dealt with before it kills my grass as well. After almost a week with no response, I cut up the brush and dispose of it. By then my grass is now dead. Since that time things have gotten pretty bad between us. He is threatening to sue me for the cost he incurred for cutting the tree down, plus the cost to fix his truck's paint job. He put this all in a letter he put on my door.

Everywhere I have looked it seems that I am protected against the car damage but that is in different states. So does he have a leg to stand on? Can I make him pay for the cost I have incurred and will incur from this?
 


HuAi

Member
If he argues in court that there was no verbal contract, then he trespassed and owes you the cost of one new tree!
 

FarmerJ

Senior Member
Grass seed and a Iron rake & watering will fix your grass. Ignore him until he actually sues you.
 

CraigFL

Member
I would have thought it would have been perfectly legal for him to just cut the overhanging branches to stop the sap from dripping on his truck.
 

justalayman

Senior Member
I would have thought it would have been perfectly legal for him to just cut the overhanging branches to stop the sap from dripping on his truck.
It would be but obviously there was an agreement to allow the entire tree to be removed.


as to the paint; tell him to sue God. I understand that God is the one at fault but he does not recognize the laws of the US as an authority over him and as of now, has successfully been able to avoid any actions by our courts to force him to take any specific action.

in actuality though, neighbor had the right to cut overhanging branches and he had the right to park his car elsewhere. Failing to do either of those prior to the sap getting sapped, he is liable for his own damage.

I'm with HuAi on this one. If there was no agreeement to have the tree removed (as the neighbor wants to claim now) he is liable for trespass and damages.
 

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