How do I transfer liability back to neighbor for tree?

[CactusJack2]

Days after I had called the cops on my neighbor for yet again parking in my driveway, he texted me claiming my tree was leaning toward his property, asking me to take it down. I asked him why he thought that as it looked the same to me. A few weeks later he sent me a certified letter with some brand new arbhorist from 120 miles away (we live in a big city, he was shopping for someone who would agree with him IMO) to say the tree was dead. Of course he trespassed on my property to assess the tree, and the assessment is questionable IMO.

I've since sold the property. I did not disclose the tree issue to the buyer since it wasn't specifically called out on Form 17 (WA) and the assessment was questionable. I tried to get it assessed before I sold but couldn't get an appointment in time.

How do I transfer liability back to the neighbor for letting the new owner know? Or basically how do I absolve myself from liability here? Send a certified letter to the neighbor telling him to take the issue up with the buyer? Send a letter to the buyer? Or both? Or perhaps the new owner is liable regardless? What do I do in this situation? The attorney offered to send a letter to one or both parties for $500. Something I could do myself. But I just want to be certain I won't be held liable at this point.

 

[Just Blue]

Days after I had called the cops on my neighbor for yet again parking in my driveway, he texted me claiming my tree was leaning toward his property, asking me to take it down. I asked him why he thought that as it looked the same to me. A few weeks later he sent me a certified letter with some brand new arbhorist from 120 miles away (we live in a big city, he was shopping for someone who would agree with him IMO) to say the tree was dead. Of course he trespassed on my property to assess the tree, and the assessment is questionable IMO.

I've since sold the property. I did not disclose the tree issue to the buyer since it wasn't specifically called out on Form 17 (WA) and the assessment was questionable. I tried to get it assessed before I sold but couldn't get an appointment in time.

How do I transfer liability back to the neighbor for letting the new owner know? Or basically how do I absolve myself from liability here? Send a certified letter to the neighbor telling him to take the issue up with the buyer? Send a letter to the buyer? Or both? Or perhaps the new owner is liable regardless? What do I do in this situation? The attorney offered to send a letter to one or both parties for $500. Something I could do myself. But I just want to be certain I won't be held liable at this point.

sigh...

What U.S. State is this in?

 

[CactusJack2]

sigh...

What U.S. State is this in?

As I noted in my post, it is in WA (Washington).

From my OP: "I did not disclose the tree issue to the buyer since it wasn't specifically called out on Form 17 (WA)..."

 

[adjusterjack]

I told you on another site: Do nothing. At some future date if somebody points a finger at you and wants money, report it to your homeowners insurance.

 

[quincy]

How long ago did you sell your house?

Your former neighbor can contact the new owner of your house about the tree if he thinks the tree needs to be cut down.

I guess I am not seeing a need for a lawyer or for your worry at this point.

 

[HRZ]

Sometimes doing nothing is the best thing to do!

 

[Zigner]

Don't forget that the OP lied on his seller's disclosure form.

Specifically when he answered no to the question: Is there any study, survey project, or notice that would adversely affect the property? (emphasis added)

He had, in fact, received written notice about the problem from a professional.

 

[CactusJack2]

How long ago did you sell your house?

Your former neighbor can contact the new owner of your house about the tree if he thinks the tree needs to be cut down.

I guess I am not seeing a need for a lawyer or for your worry at this point.

I would think technically the neighbor would need to contact the new owner as it's THEIR tree now, I just want to be sure that I'm not able to be held liable for damages if the tree falls. I sold it months ago.

 

[CactusJack2]

I told you on another site: Do nothing. At some future date if somebody points a finger at you and wants money, report it to your homeowners insurance.

Except I no longer own that house and don't have that insurance policy anymore....

 

[CactusJack2]

Don't forget that the OP lied on his seller's disclosure form.

Specifically when he answered no to the question: Is there any study, survey project, or notice that would adversely affect the property? (emphasis added)

He had, in fact, received written notice about the problem from a professional.

I completely missed that. But as I said the notice was conveniently days after a dispute where I called the police on him, and from a brand new "professional" from 120 miles away...and the notice was only after a text exchange where I asked him WHY he felt that the tree was leaning. As I noted we live in a big city, tree pro's are everywhere, why get a guy from THAT far away??? Unless you shopped for someone who is just starting out and will say anything to get new business....or is a relative.

 

[xylene]

Why does the neighbor have any 'liability'? Just because you think he's a jerk or something?

So stop sweating that this guy is from 120 miles away.... UM WHAT DID YOUR ARBORIST SAY!

That's right, you didn't even follow up with your own arborist's report.

Other than your lay opinion, do you have any evidence the tree was not in a hazardous condition?

You're right to be losing sleep on this.

Talk with a lawyer about aproaching your buyer about paying for the tree to be taken down.
That would actually remove your liability, something you can't do by sending a letter.

 

[CactusJack2]

Why does the neighbor have any 'liability'? Just because you think he's a jerk or something?

So stop sweating that this guy is from 120 miles away.... UM WHAT DID YOUR ARBORIST SAY!

That's right, you didn't even follow up with your own arborist's report.

Other than your lay opinion, do you have any evidence the tree was not in a hazardous condition?

You're right to be losing sleep on this.

Talk with a lawyer about aproaching your buyer about paying for the tree to be taken down.
That would actually remove your liability, something you can't do by sending a letter.

Apparently you missed the part where I said in my very first post: " I tried to get it assessed before I sold but couldn't get an appointment in time. "
That means I tried to have a more experienced local pro come and inspect it, but couldn't get an appointment in time.

The neighbor doesn't have any liability, I have no idea where you got that from. What I said was that the neighbor is responsible for pursuing the matter with the new owner and the new owner has to decide if they want to cut the tree down or not. The CURRENT property owner has liability if they elect not to remove the tree.

Are you an attorney?? I'm guessing not, as I already noted that an attorney told me the current owner is responsible for the tree....I'm not magically responsible to cut down the tree, I don't own the property. Giving the neighbor notice that I no longer own the property and that he needs to take the issue up with the new owner puts the liability back on them if the tree falls and they decide not to cut it down.

 

[xylene]

Apparently you missed the part where I said in my very first post: " I tried to get it assessed before I sold but couldn't get an appointment in time. "

No I didn't miss anything. And if you think about it, it kinda blows a hole in your dubious theory that the guy being from 120 miles means he was some kinda dupe or fraud.

When I was a child there were certified arborists on every corner, but now they are a little hard to come by.

You tried to get away with passing a major charge to the buyer with a disclosure omission.

 

[CactusJack2]

No I didn't miss anything. And if you think about it, it kinda blows a hole in your dubious theory that the guy being from 120 miles means he was some kinda dupe or fraud.

When I was a child there were certified arborists on every corner, but now they are a little hard to come by.

You tried to get away with passing a major charge to the buyer with a disclosure omission.

How does that blow a hole in my theory? First of all, I didn't say he was a fraud, I said he had 6 months experience and was hired from 120 miles away, despite dozens of more experienced professionals being within a few miles of the house. Critical thinking would dictate that it is highly unusual to hire a guy from 120 miles away with 6 months experience when dozens of more experienced pros are around the corner. If it was a guy who was the worlds foremost expert on this stuff and they flew him in from Peru, I wouldn't question it. You seem to live in lala land.

Frankly your posts make zero sense. You clearly missed the point where I said I tried to hire my own pro:
"That's right, you didn't even follow up with your own arborist's report."

When I just clearly posted for you that I did note that I tried to do that and that you missed it, you tried to say you didn't miss anything, lol. Then you try to claim that somehow it blows a hole in my theory that the hire of this inexperienced pro from that far away was suspect because you think they are now hard to come by, when I've repeatedly stated that there were dozens of pros within a few miles from us, lol. Ummm. OK. Frankly you have no clue what you are talking about, can't seem to read very well and flip flop in your own little reality, welcome to the ignore list.

 

[xylene]

I'm being ignored, like the disclosure requirements.

You could have told the buyer about the allegations from the neighbor's arborist. You could have told them your whole spiel how he's from 120 miles away, etc...

It's too late. Same with getting your own report.

Check in with a lawyer and hope nothing happens for a few years. At worst sock away a few grant to pay for the tree to be removed.

Really talk it over with your lawyer, and imagine that it isn't going to go away because of a letter.