neighbor threatening lawsuit regarding tree limbs

[ami12758ami]

I live in Hot Springs, AR. My next door neighbor has a storage shed located next to the property line on his side. I have a large tree that has damaged limbs which are hanging over his shed. He wants the damaged limbs removed before they fall onto his shed. He is threatening a lawsuit. Does he have a case if no damage has been done yet? He has given me a deadline of Monday 9/10/01. Please help. Thank you.

 

[I AM ALWAYS LIABLE]

I live in Hot Springs, AR. My next door neighbor has a storage shed located next to the property line on his side. I have a large tree that has damaged limbs which are hanging over his shed. He wants the damaged limbs removed before they fall onto his shed. He is threatening a lawsuit. Does he have a case if no damage has been done yet? He has given me a deadline of Monday 9/10/01. Please help. Thank you.

My response:

Look him straight in the face, and tell him, "Cut the limbs yourself, pal !"

If he knows of the problem, and chooses not to mitigate his potential damages, that's his problem.

Anything hanging or growing over to his side of the property line is his responsibility.

Let him take you to court - - but, when he's talking to the judge, please, try not to laugh out loud. But, when you walk out of the courtroom, and you're in the hallway of the courthouse, I give you my permission to just laugh out loud, and slap your knees ! Keep laughing all the way to your car.

IAAL

 

[JETX]

Sorry, but I disagree. If the owner of the tree knows that there are damaged limbs or that there are dangers from his tree, you could be found negligent for failing to properly maintain your tree.

Related information:
http://consumer.pub.findlaw.com/newcontent/flg/ch5/st3/qa9.html
http://consumer.pub.findlaw.com/newcontent/homeownership/chp7_b_6.html
http://www.extension.umn.edu/yardandgarden/YGLNews/YGLN-Aug1500.html

 

[I AM ALWAYS LIABLE]

My response:

Steve, I have read your suggested site locations. I have read nothing that would change my initial response.

If you can quote something from any one of those sites, I would appreciate it. In the meantime, my intial response stands.

IAAL

 

[JETX]

The key here (in my thinking) is that the poster has already admitted knowledge that HIS tree has "has damaged limbs which are hanging over his (neighbors) shed."

Here's an excerpt from my first reference:
"Traditionally, property owners were not responsible for damage caused by falling tree limbs and other natural occurrences on their property. However, they were responsible for damage caused by artificial conditions, such as a loose board from your lumber pile being carried by the wind through your neighbor's plate glass window. The current trend suggests that the courts are applying an ordinary standard of care to measure negligence in both cases. This means that maintaining your property in good condition is an important protection against a negligence suit.

For example, if your trees have visible rot, you should cut them down or trim rotted limbs before they can fall on your neighbor's property. Trees should be maintained well enough that, short of a tornado or hurricane, the wind won't blow things from your place over to your neighbor's."

And from the 3rd:
"If your neighbor's tree is unsound and threatens your property, your neighbor is liable to you for any damage that occurs. The test is whether the tree owner knew or should have known that damage was likely. A tree owner is not expected to be a tree expert, but she is expected to recognize obvious symptoms of a problem, such as the unseasonal lack of leaves, a dead limb, visible decay, or a tree leaning dangerously to one side. Courts consider these trees to be a nuisance. Urban foresters sometimes consider these trees to be a hazard. A "hazard tree" is a tree with a defect plus a target, like the swingset in your yard, your garage, or your house. If the potential for damage is foreseeable and if the tree owner fails to take corrective action, the courts will likely hold the owner legally responsible for damage caused to others' property.
What should you do if your neighbor fails to address a problem tree?
· Give your neighbor written notice about the danger you foresee and ask her to fix the problem.
· Bolster your claim with an expert opinion about the tree's condition.
· Take photographs of the threatening condition.
· Mediate, using a neutral third party, to resolve the impasse.
· As a last resort, you can sue your neighbor. Small claims court is intended for claims up to $7,500, and lawyers aren't needed.
· Don't take the law into your own hands. Don't engage in stealth pruning or tree removal while your neighbor is gone. You risk being sued or arrested for trespassing or ordered to pay your neighbor money or "damages" to compensate her for the loss."

Normally, if this were a healthy tree, I would agree that the tree owner would probably not be liable. However, in this case, the writer has already admitted that the subject limbs are 'damaged'.

 

[I AM ALWAYS LIABLE]

My response:

Yes, that is true, Steve.

However, in this instance, our writer and the neighbor BOTH know of the problem. Remember, the neighbor has an EQUAL duty to mitigate the potential of damages. The law will not allow him to profit from "sitting on his hands" - - the "laches" defense.

Additionally, our writer has never stated that he had permission to go onto his neighbor's property to do any trimming. And your own cite said :

"Don't take the law into your own hands. Don't engage in stealth pruning or tree removal while your neighbor is gone. You risk being sued or arrested for trespassing or ordered to pay your neighbor money or "damages" to compensate her for the loss."

Further, and since the neighbor knows of the problem, and if our writer trims the branches from his side of the property line, guess where those branches are going to fall ? And, guess what they're going to damage when they do fall !

I must, respectfully, maintain my original position, and suggest that our writer take LOTS OF PICTURES of the current situation.

IAAL

 

[JETX]

Though I agree with your position technically, I feel that there is a larger issue here.

The writer has asked "Does he have a case if no damage has been done yet?". The answer is clearly no, as long as damage hasn't happened.

So, lets say that the neighbor approaches our writer and says, "Let's work together to resolve this before it grows out of control and we both have to hire attorneys." Our writer responds, "No way, I heard it from a guy on Free Advice.com that I ain't liable and I aint going to help you!!".

Okay, the limbs fall and cause damage. Both people now have to hire attorneys, go to court and, as we both know, NO ONE can tell what the court might render. Granted, since both parties MAY have been aware of the damaged limbs (remember, we have only heard one side so far), our writer may have a strong chance of winning. But, lets not count the neighbor out yet, he has at least a solid chance of winning also.

 

[ArtCorbit]

Tree Problem

Ami

You better listen to Halket. I live in Artkansas and have sole realestate so I know you will loose in court. If that tree is rooted on your property then you must not allow it to damage anothers property. It would be no different than if a storm blew it down on your neighbors car. Or shed. It's called Latteral Support. It simply states that nothing about your proberty can damage or lower the value of anothers. Any Real Estate Agent in Arkansas will tell you the same.