Attorney or Want to be Attorney Advice Needed- neighbor's Tree Fell in My Yard

[flyfisherman]

On a separate matter you wrote in the original post that this is a party house. I do not know about the local ordinances in Anniston; Atlanta requires a short term rental license and the rental owners are to be held accountable to maintain community standards. One of the provisions reads:
The short-term rental agent’s agreement to use his or her best efforts to assure that use of the
premises by short-term rental occupants will not disrupt the neighborhood, and will not interfere with
the rights of neighboring property owners to the quiet enjoyment of their properties.
The police department maintains a record of the violations and after 3 violations in a 12 month period the short term rental license is revoked and there is a $500 penalty per violation.
If Anniston has not passed similar legislation, at the very least if you and your neighbors actively call the police when the parties are disruptive you may be able to have a negative financial impact on the owner and stop the parties.

 

[basstracker89]

Can you try small claims court?

Might be more trouble than it’s worth though. It seems the good guys have to do lot of work to get others to do the right thing.

Unless it’s like huge amount I would. Or file on your insurance not worth the rate hikes.

He can, the case would be heard. I'm just not sure of the outcome

 

[Zeeman]

On a separate matter you wrote in the original post that this is a party house. I do not know about the local ordinances in Anniston; Atlanta requires a short term rental license and the rental owners are to be held accountable to maintain community standards. One of the provisions reads:
The short-term rental agent’s agreement to use his or her best efforts to assure that use of the
premises by short-term rental occupants will not disrupt the neighborhood, and will not interfere with
the rights of neighboring property owners to the quiet enjoyment of their properties.
The police department maintains a record of the violations and after 3 violations in a 12 month period the short term rental license is revoked and there is a $500 penalty per violation.
If Anniston has not passed similar legislation, at the very least if you and your neighbors actively call the police when the parties are disruptive you may be able to have a negative financial impact on the owner and stop the parties.

Thanks. I'm going to look into this also. Great idea.

 

[Zeeman]

He can, the case would be heard. I'm just not sure of the outcome

Yep, that's my plan at the moment.

 

[basstracker89]

Yep, that's my plan at the moment.

I can tell ya this. They no show, you win. Save all your pics and correspondence. You can use that in your case with the dates on it

 

[Bulldog Man]

• 
  

• This, been down the same road. It’s your fence your insurance has to pay. The only way for them to pay is if you had given them written notice of the dead tree and they neglected to take care of it.

  They would probably cancel you if you sent something about a dead tree by your house

 

[michacooks]

If you don't mind, I need some advice on how to handle a large, dead pine tree that fell across my fence and into my yard. Here are some details. Please respond if you have experience in this situation or have experienced it yourself.

• This tree was (part of it still is) in the person's yard who lives next to me. The house is a air b&b or whatever you call those places.
• It is mostly a party house and has been a problem in the neighborhood since it was sold to a local realtor.
• My insurance company won't cover the removal and fence mending because the owner should have taken the dead tree down.
• My insurance company said it was okay to start working on the tree to get it off the fence and out of the yard.
• I contacted the owner and she said it would be taken care of if I sent her a picture, which I did.
• I took lots of pictures and started work (on and off) for several months.
• Now, it's been a while since I heard from her, so I sent a message saying I needed the job finished and I would send her a bill.
• She wrote back that her insurance company won't pay since it was an act of God.
• I wrote telling her that I would send her a bill anyway, in case she wanted to pay before we go to court.

My thinking is that if she had taken care of the dead tree before it fell, I would not be in this situation. Also, if it fell on her house, or in a commonly used area of her backyard, she would obviously have the tree removed. So why not remove the part that fell in my yard?

What are your thoughts, or suggestions? Thank you very much.

went through this with my neighbor, a live tree is an act of god. If the tree was dead or diseased and you notified your neighbor via certified mail you neighbor wood be responsible. Georgia law does say that the land owner is responsible for inspecting their property was a year. Took my neighbor 5 months to cut his tree down
t

 

[Zeeman]

We still have a house in Georgia but live in Alabama now. I'm hoping that I can get by without having given her written notice. While the tree was not as visible to me from my yard, it was totally visible from her yard. It's worth a hundred bucks to me just to have her come to court and get an attorney. I don't believe she would try to defend herself in court, so it could be me versus her attorney. I'm good with that.

 

[basstracker89]

We still have a house in Georgia but live in Alabama now. I'm hoping that I can get by without having given her written notice. While the tree was not as visible to me from my yard, it was totally visible from her yard. It's worth a hundred bucks to me just to have her come to court and get an attorney. I don't believe she would try to defend herself in court, so it could be me versus her attorney. I'm good with that.

Be very prepared