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05-11-2017 09:05 PM
@RinaRina wrote:
@susan in California wrote:Do you have an attorney?
I hate suggesting something that could cost $350 + and hour. But to be honest,
I think I would have my attorney handle this.
Tree removal, or worse, damage to your home/fence, etc will cost a lot more than
a legal fee.
I can't stand legal fees myself, but when I have had to pay, it has been for reasons
that I felt were worth it.
I do think some people can get very sloppy about dangerous situations with trees.
In our area, tree removal is costly. But if an owner realizes he may have a major law suit slapped against him, he might remove the trees instead.
P.S. I don't blame you at all for any anger you have had about this situation.
Twice is too much!!!
===============================
I haven't been here in a few days because I DID end up getting an attorney. AND, .... I got the tree report. It's bad news for the tree owner. The problem right now is, the arborist who wrote the tree report refuses to come back and look at the other trees, so we have to find someone else. For some reason, he got scared. I guess he doesn't want to be involved in legal haggling.
Edit: (45 minutes later)
I just called another arborist and told his daughter (who answered the phone) the situation. She said, "my dad will not get involved with lawyers".
You can't just send an arborist onto your neighbor's property to inspect his trees without his permission.
05-12-2017 12:51 PM
@occasionalrain wrote:
@RinaRina wrote:
@susan in California wrote:Do you have an attorney?
I hate suggesting something that could cost $350 + and hour. But to be honest,
I think I would have my attorney handle this.
Tree removal, or worse, damage to your home/fence, etc will cost a lot more than
a legal fee.
I can't stand legal fees myself, but when I have had to pay, it has been for reasons
that I felt were worth it.
I do think some people can get very sloppy about dangerous situations with trees.
In our area, tree removal is costly. But if an owner realizes he may have a major law suit slapped against him, he might remove the trees instead.
P.S. I don't blame you at all for any anger you have had about this situation.
Twice is too much!!!
===============================
I haven't been here in a few days because I DID end up getting an attorney. AND, .... I got the tree report. It's bad news for the tree owner. The problem right now is, the arborist who wrote the tree report refuses to come back and look at the other trees, so we have to find someone else. For some reason, he got scared. I guess he doesn't want to be involved in legal haggling.
Edit: (45 minutes later)
I just called another arborist and told his daughter (who answered the phone) the situation. She said, "my dad will not get involved with lawyers".
You can't just send an arborist onto your neighbor's property to inspect his trees without his permission.
Well I would think that after having two of his trees fall on - and damage - her property, she would have no trouble getting a court order if he refuses.
05-14-2017 01:52 AM - edited 05-14-2017 02:05 AM
@RinaRina wrote:
@MarkeieMark wrote:Guy is a big jerk, throw a ham over on his property.
============================
Speaking of throwing a ham YuRi.... I had to get a few estimates on tree removal. One man who didn't speak English had to use his daughter as an interpreter. He said (thru his daughter), for $???? , he would chop all the wIood and PILE IT ALL UP IN MY NEIGHBORS YARD, including the shed.
LOL!
Which is totally illegal and any company that does that risks being fined. You and the company who clean up the tree/shed are responsible for the disposal and neither of you has any right putting anything on your neighbor's property. If someone did that to me, even if it was my tree that caused the mess, I would report them to the police as well as my city's Dept of Safety and Inspection for both dumping and trespassing. Not only is it illegally to throw stuff into their yard or even their trash, it is also illegal to enter their yard.
05-14-2017 07:00 AM
@Carriestp wrote:
@RinaRina wrote:
@MarkeieMark wrote:Guy is a big jerk, throw a ham over on his property.
============================
Speaking of throwing a ham YuRi.... I had to get a few estimates on tree removal. One man who didn't speak English had to use his daughter as an interpreter. He said (thru his daughter), for $???? , he would chop all the wIood and PILE IT ALL UP IN MY NEIGHBORS YARD, including the shed.
LOL!
Which is totally illegal and any company that does that risks being fined. You and the company who clean up the tree/shed are responsible for the disposal and neither of you has any right putting anything on your neighbor's property. If someone did that to me, even if it was my tree that caused the mess, I would report them to the police as well as my city's Dept of Safety and Inspection for both dumping and trespassing. Not only is it illegally to throw stuff into their yard or even their trash, it is also illegal to enter their yard.
You are absolutly 100% correct!
The o/p wouldn't like it one bit if a neighbor threw stuff in to her yard, or came on to her property to do so, yet she seem to think that it is perfectly a-okay for her (or someone in her stead) to go traipsing on someone elses property?
05-14-2017 08:29 AM
@Isobel Archer wrote:
@occasionalrain wrote:
@RinaRina wrote:
@susan in California wrote:Do you have an attorney?
I hate suggesting something that could cost $350 + and hour. But to be honest,
I think I would have my attorney handle this.
Tree removal, or worse, damage to your home/fence, etc will cost a lot more than
a legal fee.
I can't stand legal fees myself, but when I have had to pay, it has been for reasons
that I felt were worth it.
I do think some people can get very sloppy about dangerous situations with trees.
In our area, tree removal is costly. But if an owner realizes he may have a major law suit slapped against him, he might remove the trees instead.
P.S. I don't blame you at all for any anger you have had about this situation.
Twice is too much!!!
===============================
I haven't been here in a few days because I DID end up getting an attorney. AND, .... I got the tree report. It's bad news for the tree owner. The problem right now is, the arborist who wrote the tree report refuses to come back and look at the other trees, so we have to find someone else. For some reason, he got scared. I guess he doesn't want to be involved in legal haggling.
Edit: (45 minutes later)
I just called another arborist and told his daughter (who answered the phone) the situation. She said, "my dad will not get involved with lawyers".
You can't just send an arborist onto your neighbor's property to inspect his trees without his permission.
Well I would think that after having two of his trees fall on - and damage - her property, she would have no trouble getting a court order if he refuses.
You can report the homeowner to the city that the trees are a hazard. After 2 incidents not a stretch. The city has the right to inspect and force the homeowner to correct the situation. No lawyers, no court orders just resolution of a situation. OP is not just looking for resolution, wants restitution even though the insurance company will take care of the damage. Have to wonder why all the drama.
05-14-2017 05:44 PM
@CrazyDaisy wrote:
@Isobel Archer wrote:
@occasionalrain wrote:
@RinaRina wrote:
@susan in California wrote:Do you have an attorney?
I hate suggesting something that could cost $350 + and hour. But to be honest,
I think I would have my attorney handle this.
Tree removal, or worse, damage to your home/fence, etc will cost a lot more than
a legal fee.
I can't stand legal fees myself, but when I have had to pay, it has been for reasons
that I felt were worth it.
I do think some people can get very sloppy about dangerous situations with trees.
In our area, tree removal is costly. But if an owner realizes he may have a major law suit slapped against him, he might remove the trees instead.
P.S. I don't blame you at all for any anger you have had about this situation.
Twice is too much!!!
===============================
I haven't been here in a few days because I DID end up getting an attorney. AND, .... I got the tree report. It's bad news for the tree owner. The problem right now is, the arborist who wrote the tree report refuses to come back and look at the other trees, so we have to find someone else. For some reason, he got scared. I guess he doesn't want to be involved in legal haggling.
Edit: (45 minutes later)
I just called another arborist and told his daughter (who answered the phone) the situation. She said, "my dad will not get involved with lawyers".
You can't just send an arborist onto your neighbor's property to inspect his trees without his permission.
Well I would think that after having two of his trees fall on - and damage - her property, she would have no trouble getting a court order if he refuses.
You can report the homeowner to the city that the trees are a hazard. After 2 incidents not a stretch. The city has the right to inspect and force the homeowner to correct the situation. No lawyers, no court orders just resolution of a situation. OP is not just looking for resolution, wants restitution even though the insurance company will take care of the damage. Have to wonder why all the drama.
See post 42. It seems she tried that to no avail.
As to why the drama - um maybe because of the damage caused by trees falling not once but twice and smashing property
05-16-2017 02:53 PM - edited 05-16-2017 02:57 PM
We had 2 huge trees in our backyard. One year, we had those huge carpenter ants in our house. We had a pest control company come out and they found out the nest of ants was in one of our trees. We were told the tree needed to come down because eventually that tree was going to fall down from the ants eating away at it. And if we had knowledge that the tree was a problem and it fell on someone's home, we'd be personally responsible as that is negligent. As much as I hated to do it, we had both the trees cut down.
I live in Ohio and we own a rental property and the house that backs up to the side of this property has a big tree on it. The branches overhang the fence and scrape against the window and lie on the roof of our rental house. Here in Ohio, a tree on your property is your responsibility. You have to maintain that tree.
I sent multiple letters to the homeowner about the branches scraping the windows of the house and lying on the roof because that will ruin the roof. He ignored me until an attorney from my office sent a certified letter telling him to take care of the branches or we would hire a company and sue him to cover the bill. He finally cut branches and threw them all over the fence into our yard. The next time I went over to that rental house, the branches went back over that fence into his yard.
I noticed the branches are out of control again and I dread the song and dance of getting him to cut them down.
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