My neighbor’s trees are not well kept. He fails to trim them, or remove dead braches. They are very large trees. Any way, one day a branch fell and landed on “our fence”, as in we paid for it. (Since then another piece of dead tree broke our fence again.) My father, not one to look for trouble, fixed the fence, and asked him if he would please remove the dead branches from on top of the tree so they won’t fall and hurt one of his children. The neighbor said he was too busy and it was too expensive. My dad, a busy man as well, said he had the day off and would not mind doing it, free of charge. The neighbor said it was great; he would sell the dead wood as fire wood. My dad did the job, piles the small pieces of wood and goes home. The next day the neighbor starts yelling at my mom. The neighbor claims that my dad piled the wood in a messy way, and that the wood would have to be cut to a certain measurement exactly, and the wood my dad cut was in different measurements. He said my dad could either finish the job or he would sue. Can he do this?
2006-08-29 16:51:18 · 15 answers · asked by pinacoladasundae 3 in Politics & Government ➔ Law & Ethics
Does it make a difference that no money was involved?
2006-08-29 16:59:23 · update #1
We took pictures of our broken fence,both times, and have reciets from homedepot for new fence material, is this enough?
2006-08-29 17:01:21 · update #2
We don't want to talk to a lawyer, not unless the neighbor actually tries to sue. Then we will have to. We just hope he was bluffing, or blowing off steam.
2006-08-29 17:03:50 · update #3
Aside from the fact that the 3 elements of a contract (offer, acceptance, consideration) are not present in this situation, not even the "parol rule" could help your neighbor in making his lawsuit come to any success.
Unfortunately, anyone can sue anyone else for just about anything. However, any Judge that is not visiting the crack section of the police evidence room would take this case seriously.
Basically, I would ignore his threats and go about your own business. If there are problems with his tree again, you ARE within your rights to protect your property as well having an obligation to make your yard/area safe for anyone who may be on your side of the fence (liability issues for your Dad).
Good Luck!
2006-08-29 17:07:11 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I don't think so, he can try I guess but I think a judge would put this guy in his place awfully fast - if it even got that far. Your neighbour sounds like a nutcase. You should sue him for the fence repairs and the trees (think of how bad you'd feel if a branch fell and hurt someone and you could've at least tried to prevent it).
This is what can happen when dead trees aren't hauled away:
http://feeds.torontonews.net/?rid=918c99e4b142b3db&cat=03cb86c5037f9622&f=1
2006-08-29 16:56:49 · answer #2 · answered by ? 6 · 0⤊ 0⤋
No but your Dad should threaten to sue for the cost of fixing your fence and complain to the city about the neighbors trees. That should shut them up. Some people just do get it and don't appreciate it when you do them a favor.
2006-08-29 16:56:06 · answer #3 · answered by Anonymous · 0⤊ 0⤋
No , unless their was a written contract that was signed by both parties , if not tell the guy to go jump in a lake .
You actually have a case against him as long as you can provide pictures as evidence that his tree has caused property damage , maybe you can get back some of the money used to fix your fence .
Good Luck.
2006-08-29 16:58:19 · answer #4 · answered by Anonymous · 0⤊ 0⤋
He could waste his money and try, but I think the Judge would laugh at him and perhaps tell him to move.
Your Dad could counter sue for the damage to his fence and labor for cutting the tree. He would probably win that.
2006-08-29 16:59:08 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I would say that the neighbor is undoubtedly insane and yes, he can sue. He can sue for another rreason also and that is your dad cut /trimmed HIS tree. There probably was no written approval so the neighbor, if he is totally insane, could say that your dad trespassed... In the U.S., nowadays, one has to be extremely careful and in no way should one be helpful.. If I was a dictator of this country, I would have the guy shot and not worry about it but that is IF
2006-08-29 16:58:14 · answer #6 · answered by Anonymous · 1⤊ 1⤋
He can sue, but the only way he could win would be if the judge was a complete moron. There was an agreement. Plus a counter-suit for labor and fence damages could be justified.
2006-08-29 16:59:06 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You can tell your neighbour if he wants specific measurements, he's gotta pay for it. This way, you get refunded for your broken fence. =)
In any case, your neighbour doesn't have any claims to sue since your dad is doing him a favor.
2006-08-29 17:02:53 · answer #8 · answered by Anonymous · 0⤊ 0⤋
No he cant. your dad didn't do the job for money. there was no obligation to cut the tree pieces to a particular length. neither your neighbour tell your dad to cut it to specified length. in fact your dad can sue him for nuisance. but what kind a society/ neighbourhood it is!
2006-08-29 18:37:52 · answer #9 · answered by HMG M 3 · 0⤊ 0⤋
if you have issues take them to city hall there are by-laws to protect you.. you may trim anything that strays onto your property, but as for the dead tree the city can remove it and send him the bill it is deemed to be a hazard...
2006-08-29 17:55:10 · answer #10 · answered by bluedanube69 5 · 0⤊ 0⤋