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    jrgm13's Avatar
    jrgm13 Posts: 37, Reputation: 1
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    #21

    Sep 26, 2013, 06:39 PM
    Thanks joypulv,
    I was taken to small clains court about 25 years ago over a lame paint job on a car... the judge told me,"you pay or we'll come to your house and sell your property at a sheriffs sale untell the amount is covered.
    About 6 months ago when the limbs fell onto the wife's garage, you could see that the tree was rotten inside... it's well over a 100 year old maple tree. My wife still has pictures and the neighbor told the deputy that they'd take care of the tree, so I have double evidence there. With the Google earth update, you can see how twisted the house is on that narrow lot and they did no surveying and this new owner borrowed money from a bank and they didn't survey the lot either. I can't get to the tree from my yard and I don't care what they do to the limbs away from me. Do you think that I can get like a mechanics lean against their property before I have wrecked buildings? I have no money to pay a tree trimmer. Wouldn't they just add the cost of the rotten tree limb removal onto his mortgage and couldn't I also bring up the deal where they lent him money for this house without having it surveyed and inspected?
    Thanks
    jrgm13
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #22

    Sep 26, 2013, 06:48 PM
    Quote Originally Posted by jrgm13 View Post
    ...I finally flipped out over the next neighbors hunting dogs barking and threatened to shoot them ...
    Threatening to shoot is one thing, but as a convicted felon you had better not really have a firearm. You do know that would be a federal offense, bringing with it a number of years in prison?

    Thanks for the complement, but without the ability to pay for either an attorney or a tree surgeon you don't seem to have much in the way of options; unless you can find an attorney to take the case pro bono. One thought: the previous damage to the garage might warrant a small claims case against him for the cost of hiring someone to repair the garage. And if he turns it over to his homeowner's insurance company, they might just want to get the darn tree trimmed to forestall future claims.

    Quote Originally Posted by jrgm13
    ... Do you think that i can get like a mechanics lean against their property before i have wrecked buildings? I have no money to pay a tree trimmer. Wouldn't they just add the cost of the rotten tree limb removal onto his mortgage ...
    No, it doesn't work that way for a number of reasons.
    1. Depending on the mechanic's lien law in your jurisdiction, I doubt that you would meed the requirements for filing such a lien.
    2. You said you can't afford to pay to have the limbs removed. Unless you can, there would be no cost to "add to his mortgage".
    3. Typically, mechanics' liens only last for a few months. The idea is that you file the lien, and follow up with a lawsuit if they don't pay promptly. It can be useful to put an iminent loan into jeopardy, but not if they are not planning on selling or fiancing soon.

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