my next door neighbor tree has ivy to top, it has killed the tree, i had a CERTIFIED ARBORIST COME and check it and gave me a paper state the tree is dead and ready to fall i have sent 2 certifed copies asking the neighbor to do something about the tree, the frst copy with arborist comments- 2 mnts ago- now 2 monts later I sent neighbor new certified letter giving him 10 days or I I will make a civil case, it has been over 90 days since my first letter, he has had plenty of time, pls tell me how to make a civil case, I cannot afford a lawyer, but I have all my paper work, and the arborist letter. somebody pls help me, this tree is directly over my kids bedroom, standing at 60/70 feet tall. however it is on my neighbors property.
thank you, -ginai in Atlanta.
2006-11-02 04:32:32 · 6 answers · asked by BubbleGumBoobs! 6 in Politics & Government ➔ Law & Ethics
if the tree was in his/her yard/property.
Your neighbor is fully responsible for the damage. If he/she won't pay then seek an attorney.
2006-11-02 04:42:52 · answer #1 · answered by phoenix 3 · 0⤊ 0⤋
I agree with surveyor. Go to your neighbor and try to work it out even if you have to share the cost.
Both of you will loss if the whole tree falls, not just a branch hanging over the fence that is your responsibility.
He will be liable for all damages done by the tree. But, you will also suffer if it does damage your house or hurts your children.
If you take him to court he can get an could find a arborist that will say if he cuts the ivy back with in the next year it will be fine.
Being the tree is still standing after 4 months and your arborist can't say when it will fall. It might be 10 day or 10 yrs. It is a real crap shot if you go to court.
Judges don't like to rule on maybe things. As I can see it your only hope if you go to court, which I wouldn't advice, is the judge you get had a tree fall on his house or he just hates tress.
Think about hard before you act. Good luck
2006-11-02 05:29:41 · answer #2 · answered by wild4gypsy 4 · 0⤊ 0⤋
If the branches overhang your property it is your responsibility. You can have the arborist cut whatever is over your property line. You may suggest to your neighbor that you would both cover part of the expense of having the tree removed.
I'm not sure if you're saying the tree has fallen or could fall. If the tree has fallen and caused damage to your home, your neighbor's home owner's insurance may cover it. If it is considered an act of God, then it may not be covered. You need to get a hold of your neighbor's insurance company. Otherwise, you will have to take him/her to court if they are not willing to pay because they are liable for damage caused by a tree on their property.
2006-11-02 04:43:11 · answer #3 · answered by Phoenix, Wise Guru 7 · 0⤊ 0⤋
When you involve attorneys and write letters, you tend to make enemies of your neighbors. I would suggest offering to share the cost of removing the tree. It would be cheaper than legal action... and more polite.
2006-11-02 04:45:23 · answer #4 · answered by Anonymous · 0⤊ 0⤋
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JD
2006-11-02 06:57:28 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Why dont you just go over to your neighbor and talk to him and tell him your concerns?
2006-11-02 04:41:00 · answer #6 · answered by Christie G 4 · 1⤊ 0⤋