Tree Damage

[zddoodah]

A properly crafted release would include provisions that could call for the other party to be penalized (financially) for bringing this to court, which could help to prevent a lawsuit from being filed in the first place. So, yes, a properly worded/crafted release could go a long way towards preventing a lawsuit.

I'm aware of no authority in any jurisdiction that would allow a party to be penalized (financially or otherwise) for suing notwithstanding the existence of a waiver/release. A properly written waiver/release may deter litigation and may provide a basis for a defense. Saying more than that is too much.

 

[Zigner]

I'm aware of no authority in any jurisdiction that would allow a party to be penalized (financially or otherwise) for suing notwithstanding the existence of a waiver/release. A properly written waiver/release may deter litigation and may provide a basis for a defense. Saying more than that is too much.

Such a provision can be included in the release.

 

[FarmerJ]

Hi Rowz ltns so is there any one in your area who burns wood for heat and will help with the clean up if they take all the wood ? ( especially if its Oak .Maple, Elm , Ash or even medium wood like Hackberry ?

 

[rowz]

Hi all and many thanks for your input
The neighbor asked friends including 2 attorneys who echoed and affirmed my position.

All discussion was cordial. After all that I offered to cut up all small stuff, removed some hangers from an adjacent Holly tree and placed debris at the adjacent curb.

Lady neighbor was ecstatic and was very quick to accept responsibility for the (much larger) remaining debris.

A local 'wood booger' did come by and took some the stuff to burn.

Too, we have some 'down the road'plans for developing our 2 acre parcel, so this was a good outcome that can't hurt neighborly relations.

Many thanks