Cut down tree.. realitor says I can be sued.

[scottwilloc]

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

Neighbors next to me moved out and their house is for sale. As they were moving, I asked if it was okay to cut down the avocado tree in the backyard. The owner said sure, go ahead. The avocado tree has never produced avocados, was never taking care of and half the tree was growing over the fence into my property.

So, this weekend, I started to cut the tree branches on mine side. I guess the Realtor had a open house and came out screaming that I can not touch the tree in any way, shape or form. I told her it was growing on my side and I got consent from the owner to even cut it down. I said I would go ahead and prune it back. She said no and if I did, she would sue me for loss of value.

I told her to sue me. I proceeding to prune back the branches. She went back in and got her cell phone to take picture of me cutting back the tree. I did not care. As one of the branches was growing against the wall, I jumped the fence and cut it back six inches. She said I was now trespassing and was going to call the cops. Of course, she never did. I sealed the cut and told her I just increased the value of the tree and except to be paid when the house goes into escrow.

Now... the house had a trap over the roof from leaking roof, rotting wood trim, a broken window, warped hardwood floors, stucco falling off the house, and dead plants in the backyard.

I have already spent $2000 fixing the fence last year because of their overgrown yucca tree. I dont want to spend more money fixing the fence again.

Can I actually be sued for loss of value to the house? I doubt it. I know I was in my rights to cut back the tree that was growing wildly into my yard.

Thanks
Scott

 

[Mass_Shyster]

The Realtor has no standing to sue you. She does not own the house.

The owner can sue you for trespassing.

I would call the broker and let them know about their loose canon.

 

[nextwife]

The Realtor has no standing to sue you. She does not own the house.

The owner can sue you for trespassing.

I would call the broker and let them know about their loose canon.

Is the poster SURE the moving out neighbor owned it at the time? Maybe the broker was representing the lender, who now owns the house? How does the poster KNOW that the party moving out was not foreclosed, or signed a Deed in Lieu? Or wasn't just a tenant?

Oh, BTW, Scott, there is no such thing as a "realitor". They are Realtors.

 

[moburkes]

If the OP had stuck to trimming back what part of the tree was in the air above his property line, he would have been okay. I'm doubting this will go any further.

 

[FarmerJ]

So which parts of what you describe for conditions justify learning what your city /county ords are that address exterior maint of all structures like for example a ord requiring peeled paint to be scraped and painted. Tree branches that come over a property line can be trimmed as long as the trim job is not going to kill the tree. That realtor is nuts! AND if she had such a prized gem she would have been able to either get the owner to fix the exterior and yard up so it wont scare buyers wondering what else is wrong with it OR she would have encouraged them to truly price it as a fixer upper low enough to be sold FAST. Call your city /county offices to learn if the exterior of the yard /house are failing a local ord.

 

[scottwilloc]

Yes.. meant "Realtor." My bad.

I could not see how pruning back a tree would cause a drop in value for the P.O.S house she is trying to sell. It needs about $100,000 in work.

As far as the owner saying okay to cut the tree down... He claimed to be the owner when I moved next door to him six years ago. I could go down to the county to pull the records.

Besides, me fixing up the tree helped prevent the new owner from having to split the cost of fixing the fence down the line as a large branch was growing against it. And, he or she may even get avocados from the tree. Weeds grew more organized that the tree...

Maybe I should send the Realtor a bill for my "gardening services"???

 

[HappyWanderer]

Your answer was already given by moburkes. While I understand the hubris of charging for your services, you DID trespass. Everything done on your property was fine as long as the tree did not die. When you went to the other property, you have a problem. Not a big one as the damages are slight, but, you were in the wrong. Not a big deal. Don't be talking about silly things like billing for gardening services though. That will tend to piss people off.

Do you really want to defend yourself from a lawsuit? Even if you have a GREAT chance of winning?

 

[scottwilloc]

Well... the tree has produced probably three avocados in six years. They never took care of it. Avocado trees require tons of water.

If it dies, which would actually be a good thing for the tree, I will buy a new one for the new homeowner and plant it for him as a house warming gift.

 

[HappyWanderer]

Please, say a prayer the tree does not die. That is going to cause you more trouble then it's worth. While you have some arguments as to the value (aka damages), so will the other side. It's not really a good place to be knowing you are going to lose with the only issue being how much it's going to cost.