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spitvenom · Mar 24, 2010, 09:39 AM

I am not sure if I put this in the correct spot. Please move it if it is in the wrong spot.

My grandmothers neighbors has a huge tree right on the property border. It has been there since my mother was born. We have repeatedly asked him to cut the tree down since it is now grown on to her property (the fence is now part of the tree) damaged the sidewalk and has cause her basement to flood when it rains. He has repeatedly ignored our requests to take care of the tree.

So my mother finally got fed up and had a lawyer send him papers saying he needs to cut down the tree and be held liable for any other damages (sidewalk, the foundation of the house etc... )

After he received the papers he had his wife ask my mother if we could split the cost. When my mom has something in her head you can't change her mind so my mother said I am sorry it had to come to this but please speak to my lawyer.

Now my mother has received papers from his lawyer. He had a survey done and the people who did the survey said it is on both properties. We have pictures from the 50's, 60's 70's 80's etc... That clearly show this tree started on his side of the property. Now they want us to get an estimate and if they like the price of the estimate my mother and the neighbor will split the price of the tree. Also they will not be held responsible for the repairs of the damages done by the tree. His lawyers also said to my mothers lawyer why did we wait 60 years to do something about the tree. That set my mom off since we have been asking since the 90's to do something about the tree.

So I guess my question is should my mom keep fighting this, or will a court rule that she has to pay half since the survey shows it is now on her property?

LisaB4657 · Mar 24, 2010, 09:44 AM

It basically comes down to this... would your mother rather pay half the cost to have the tree removed, or pay her lawyer to find out that she might have to pay half the cost to have the tree removed?

A judge might rule that she waited too long even though she's been complaining for many years. Or a judge might rule that she's not responsible for any of the cost. It's probably a 50-50 shot. But either way she's going to have to pay her lawyer and she's probably going to incur even more damage while she waits for this to be resolved.

Why not just spend the money on getting the tree out of there now?

spitvenom · Mar 24, 2010, 09:50 AM

In the suit (I guess that is what it is called) he would also have to pay all court fee's etc... She does not want to say fine I'll pay half cause that leaves her with all the repairs for the damage done by the tree's root system. Also my mom is Sicilian there is no comprise with her once you P*ss her off. And he has done that Royally.

LisaB4657 · Mar 24, 2010, 09:55 AM

LOL! Ok, if she's willing, I'd say go for it. She has at least a 50-50 chance. Make sure she brings all the pictures of the tree over the years as well as pictures of the damage it caused. Good luck!

AK lawyer · Mar 24, 2010, 09:56 AM

Originally Posted by spitvenom

... It has been there since my mother was born. We have repeatedly asked him to cut the tree down since it is now grown on to her property (the fence is now part of the tree) ...

Interesting.

When was your mother born?

When did your grandparents first ask that the tree be removed? Was this in writing, copies of which are still in existence?

I would think that if you can prove the tree begin on the neighbor's property, and especially if you can prove that your family has been demanding, that the tree be removed, for generations, the neighbor would be required to pay the entire cost of removal. On the other hand a judge might just say that your family should have given the neighbor an ultimatum: remove it by such-and-such a date or we will sue you. Probably would have been much cheaper removing it back then.

twinkiedooter · Mar 24, 2010, 11:35 AM

To use one of Excon's favorite words - you might have granny stopped by "estoppel" in that she should have really made a ruckus back years ago.

It IS worth a shot taking it in front of a Judge though. But you need to caution granny about the final cost of everything - filing fees, attorney's fees and having to end up paying for the damages herself as the Judge ruled against her. Also, the Judge may rule that the tree does not have to be removed at all! Then what? Granny is going to be worse than livid.

As a side - I had a neighbor who had a tree that was on his property but one of the huge limbs was hanging onto my property causing me to have to duck when mowing the lawn or get whacked in the head. After repeatedly asking him to trim the limb and he refused I took matters into my own hands and removed the limb when he was not home. I had my property surveyed and knew where my property line was. I cut the limb off at the area where the limb was still jutting one foot over my line. He called the police when he came home and they told him that I could cut the limb off as it was on my property. That solved that.

Could I suggest one thing to granny before she starts filing suits and paying attorney's fees? Can she hire someone to come and sever the roots on HER side of the tree so that it will not continue to intrude onto her foundation or wreck her sidewalk? The tree does not need to be totally taken out but just trimmed below the ground level on HER side of the fence. Probably a lot cheaper in the end and may not end up killing the tree. And if it does end up killing the tree, oh well. At least it stopped the root damage from getting worse.

spitvenom · Mar 24, 2010, 11:38 AM

AK the papers that our lawyer sent said please have the tree removed by Nov 12, 2009 or we will sue. He received the papers 8 months before the date. Unfortunately we never put it in writing every time we asked him to remove the tree.

Fr_Chuck · Mar 24, 2010, 03:03 PM

If it is not in writing, it never happened.
UNless the other party agrees it did.

Also I do guess I have to ask how it is damaging or causing the basement to flood ?

Also her motion merely asks the court to make them pay the legal fees, he may counter sue and ask the same thing, and she could end up paying his legal fees if he wins. So just asking in a motion does not mean it will happen.

spitvenom · Mar 25, 2010, 06:45 AM

Fr Chuck I tried explaining that to my mom but she when she thinks she is right there is nothing and I mean nothing that will change her mind.

AK lawyer · Mar 25, 2010, 07:24 AM

Originally Posted by spitvenom

AK the papers that our lawyer sent said please have the tree removed by Nov 12, 2009 or we will sue. He received the papers 8 months before the date. Unfortunately we never put it in writing every time we asked him to remove the tree.

I was describing an ultimatum which should have been given and followed up on decades ago, not last year.

Originally Posted by spitvenom

Fr Chuck I tried explaining that to my mom but she when she thinks she is right there is nothing and I mean nothing that will change her mind.

It's her nickel.

Assuming she has standing to sue in her own name. Is your grandmother still alive? But the property now belongs to your mom?

How much is it going to cost to cut the tree? I'm surprised that a lawyer is interested in taking this case for what I'm guessing is just a few thousand at best.

spitvenom · Mar 25, 2010, 08:47 AM

My Grandmom is still alive house is now in my mom's name since about 3 years ago (I am not sure of the exact date). I have no idea how much the tree cost to cut down. It is in a bad spot between both houses. And it is BIG Most of the branches are over the houses.

When the house was in my grandmom's name she asked him to cut it down but never put it in writing since she was just being neighborly. If this house was not in my mom's name none of this would be happening because my grandmom would never go to the lawyer. I don't think the lawyer or my mom thought it would go this far.

If it were me I would just pay half and deal with the rest myself. But the tone he spoke to my mom in when she asked for the tree to be removed just set her off. I understand the tone he used with my mom ticked her off but it is getting to a point where she is making herself crazy and driving the rest of crazy with it. She came over my house the other night and started to talk about it and I said stop mom you know our house is a stress free zone. So if you are going to talk about this take it outside.

I think I have to get with my sister(who is also sick of hearing about this tree) and brother (well there is no point talking to him he is useless) and try to talk my mom of the ledge so to speak.

AK lawyer · Mar 25, 2010, 10:06 AM

Originally Posted by spitvenom

... I have no idea how much the tree cost to cut down. ...

That's one thing you need to know right now. Otherwise, how can you negotiate with the neighbor? Get a quote from a tree surgeon.

spitvenom · Mar 25, 2010, 10:55 AM

The sad part about all this AK is my mom knows a GREAT tree surgeon and would do it for a fair price.

twinkiedooter · Mar 25, 2010, 05:55 PM

Originally Posted by spitvenom

The sad part about all this AK is my mom knows a GREAT tree surgeon and would do it for a fair price.

So have him trim the roots like I suggested and trim the big branches hanging over her house at the same time. What's so hard about that?

LisaB4657 · Mar 25, 2010, 06:12 PM

Originally Posted by twinkiedooter

So have him trim the roots like I suggested and trim the big branches hanging over her house at the same time. What's so hard about that?

Twinkie, I can't give you a greenie cause I haven't spread it around enough. I just want you to know that if I ever find a job where I actually get paid I'm going to track you down and throw money at you until you come work with me.

twinkiedooter · Mar 25, 2010, 06:15 PM

Originally Posted by LisaB4657

Twinkie, I can't give you a greenie cause I haven't spread it around enough. I just want you to know that if I ever find a job where I actually get paid I'm going to track you down and throw money at you until you come work with me.

Thanks Lisa. I really appreciate that. Sometimes folks get so caught up in suing each other when a simple solution staring them in the face is best.

As for getting paid I'm sort of retired now and only work 1 or 2 days a week to relieve the boredom of watching movies...

LisaB4657 · Mar 25, 2010, 06:22 PM

Originally Posted by twinkiedooter

Thanks Lisa. I really appreciate that. Sometimes folks get so caught up in suing each other when a simple solution staring them in the face is best.

As for getting paid I'm sorta retired now and only work 1 or 2 days a week to relieve the boredom of watching movies......

I can afford to offer to throw money at you since I don't have a paying job at the moment. :)