I have to pay my neighbor some money because her tree was encroaching into my property. I had asked my neighbor to remove the tree when I bought the property 4+years ago when the tree was not on my property. Know due to CA law I have to pay for part tree being removed. Should I ask the judge for a re-trail? I am afraid that the judge might ask me to pay for more if I ask for a re-trail. Any suggestions?
2006-10-30 09:48:10 · 4 answers · asked by alicia 1 in Politics & Government ➔ Law & Ethics
I am the defendant and I got sued because the tree got into my property by less then 10%. The tree was originally planted many years ago on the neighbor’s property. She had been asked on various occasions to remove the tree because it was damaging the fence and the retaining wall. She did not remove it and due to CA law if it starts getting into your property you become a co-owner (which means any tree trimmings or removal is both neighbors responsibility 50/50) although it did not belong to you when from the beginning. I believe that if I that I should pay nothing! I was the victim. (not only do I have to pay for all of the retaining wall that the tree damaged and the fence but I also have to pay for someone else to remove the tree.) I think this is ridicules.
2006-10-31 02:37:19 · update #1
go to www.ca.gov you will find links for free legal advice and the law. but if the community you are in has other laws, you may want to check out county and city regs usually on the county or city websites.
2006-10-30 09:52:04 · answer #1 · answered by CCC 6 · 0⤊ 0⤋
There aren't enough facts here. First, what did your neighbor sue you for? (Or did you mean that she's the defendant and you're the plaintiff?) Why do you want a re-trial? The short answer is, yes. A re-trial proceeds as though the original trial never took place, so you can be ordered to pay more money than in the original trial, but without additional facts I can't tell you the likelihood.
2006-10-30 17:53:56 · answer #2 · answered by julz 7 · 0⤊ 0⤋
A judge's ruling in a small claims case is final. Pay the money. It will end up costing you more if you keep avoiding it. Your neighbor could put a lien on your property.
2006-10-30 17:58:25 · answer #3 · answered by notyou311 7 · 0⤊ 0⤋
well.. you had no "right" to ask your neighbor to remove her tree if it wasn't on your property. I think you are screwed either case...
2006-10-30 17:51:54 · answer #4 · answered by mom_of_ndm 5 · 0⤊ 0⤋