I have a large dead tree in my backyard that has a couple of limbs hanging over the neighbors yard. I have been wanting to remove the tree but he has an old junk car (not tagged or insured) underneath the limbs. A month ago, I asked if he could move the car so I could cut the tree down. He said the car has no engine. He brushed the question off and did not say yes or no. It would only be a matter of time before the whole tree came down and caused more damage so I decided to take the tree down with the car there. I told the neighbor they were coming to cut it down in 3 days.I had a friend cut it for me. They used a rope to lower the branches that were hanging over his car. While they were taking the branches off one of them fell and hit his car, and left a dent about the diameter of an orange. Am I going to have to repair this old piece of junk? The tree would have fell on it anyway, and he had the option to move th car and didnt. Car is worth maybe $500. He has no homeowners insurance.
2007-04-01 12:17:52 · 6 answers · asked by cjp1280 2 in Home & Garden ➔ Other - Home & Garden
This sounds like a job for Judge Alex. (bad joke) Write down dates and times you spoke to your neighbor about the situation. Get names of any witnesses to you speaking to him about the situation. Does you neighborhood have a homeowners association, or are you in an unrestricted neighborhood? Most HOA's have rules about storing unoperatable vehicles on the property unless it's in the garage out of sight. Be upbeat and friendly to your neighbor, but dont let him try to suck money out of you for a vehicle he apparently has no money to fix or move anyway. If he is a decent person, he will probably be OK with it since you asked for his cooperation from the beginning.
2007-04-01 12:28:18 · answer #1 · answered by swsw1fu 1 · 0⤊ 0⤋
I think that one would be let up to the judge overseeing the case. In general the owner of the tree (where the trunk is) would pay for any damage caused by the tree but you made a good faith effort to ensure that he move the vehicle and warned him of the consequences. You'd be money if you had something in writing that you gave him as evidence that you told him of the notice that the tree would be cut down....If the friend is a professional at cutting down trees the guy could go after the friend since that's his job to control the damage.
2007-04-01 19:30:09 · answer #2 · answered by Daniel B 3 · 0⤊ 0⤋
You had best hope the neighbor doesnt make an issue of it .
You can argue that the neighbor chose to leave it in a hazardous situation OR that your removal of the tree was careless and resulted in car damage .
If he pushes it your best chance might be small claims court.
2007-04-01 19:28:58 · answer #3 · answered by mark 6 · 0⤊ 0⤋
unless your friend is in the business of tree removal, then you are responsible. i would be nice to the neighbor, and ;[maybe] offer to pay for it. if you apologize, he might even say, forget it. but approach him politely. a dead tree falling on his car is your responsibility. a good tree that was bloen over by wind or act of nature, is his responsibility. .. huwever, it ix not a matter of the branch dropping, but that the people doing it,, dropped it. sorry, but===hope for the best.
2007-04-01 19:44:22 · answer #4 · answered by oldtimer 5 · 0⤊ 0⤋
He should be liable and have no excuse for the damage. You gave him ample warning. The damage, based on the total value of the vehicle, is insignificant anyway.
2007-04-01 19:21:55 · answer #5 · answered by Kerry 7 · 1⤊ 0⤋
I would not repair anything. He should be proud you were taking the tree down.
2007-04-01 20:29:31 · answer #6 · answered by Lou 6 · 0⤊ 0⤋