Neighbor suing me over trees on my property

This is a discussion on Neighbor suing me over trees on my property within the Neighbor Law forum, part of the Other Real Estate Law Matters category; Greetings, Quick notes: I live in CA Neighbors for over 23 years Never a problem Suing me 3 separate times ...

Consult Your Own Personal Lawyer Now!
Reply  POST NEW QUESTION

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Dec 2nd, 2010, 11:16 PM   #1
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Confused Neighbor suing me over trees on my property

Greetings,

Quick notes:
I live in CA
Neighbors for over 23 years
Never a problem
Suing me 3 separate times in a few week span

First suit: A branch from one of my trees he claims landed on his car. Fell overnight. Woke up, went over, asked if his vehicle had any damage, he said no. Removed branch, trimmed tree. Few weeks later, get served. Am I responsible for the damage he now claims? He never came over to talk it over. Tree was and is still healthy. Does 'Act of God' apply?

Second suit? Same as above basically. Said a branch from one of my trees landed on his in-laws car. Paid for the damages now wants me to reimburse him. What the...?

Third: Says roots from my trees have caused cracks in his driveway. These tress are old, were there when we moved in and I'm almost positive that they date back before his driveway was put. Now wants over $1000 to repair driveway. Again, am I responsible for the 'damages'?

Any and all help is much appreciated. All of this has blindsided me and I'm at a loss.

Regards
  Reply With Quote
Old Dec 3rd, 2010, 12:11 AM   #2
Top Level Member
 
AFFA's Avatar
 
Join Date: Dec 2009
Posts: 12,915

Default Re: Neighbor suing me over trees on my property

I wish to inform you that in your first problem you may not be made liable because there was no damage to the car. The burden will be on your neighbor to show that there was damage and as to why he has not spoken truth. In second situation you may be liable. In this only the amount of actual damage may be claimed. In third situation you may be made liable as the damage was done by your tree roots.

AFF

Last edited by AFFA; Dec 3rd, 2010 at 12:29 AM.
AFFA is offline   Reply With Quote

Did you find this post helpful? Yes | No
Reply

Bookmark & Share

Tags
None

This thread has 1 reply and has been viewed 1354 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:


Posting Rules
You may not post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
Suing neighbor (for my loss of enjoyment of my own property) Susanna Small Claims Courts 3 Jun 7th, 2011 04:08 AM
Neighbor putting down trees & brush on my property ooakfind Miscellaneous Topics 1 Oct 18th, 2010 08:27 AM
neighbor threatening to spray my new trees with round up! Unregistered Neighbor Law 0 May 9th, 2009 04:20 PM
Neighbor issues: Very tall coconut trees lean over the property line Unregistered Other Real Estate Law Matters 3 Nov 15th, 2007 07:38 AM
neighbor's trees threating my property tenax Insurance Issues 1 Jun 12th, 2007 08:39 AM


Our lawyers can help you avoid foreclosure to salvage your home, buy time to pay mortgage debts, and resolve your financial troubles. Consult Your Own Personal Lawyer Now!


All times are GMT -5. The time now is 08:41 AM.