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

[Zeeman]

In the aftermath of hurricane Irma...I had half a big ass oak down in my front yard...into my neighbor's trees...and a big pecan down in the back yard. I hired a service to get the tree out of the front yard...they were a cpl weeks out cause it wasn't an emergency.

My neighbor asked me about the tree in his yard...told him I had hired a service to clean up.

He asked me a week later...I told him the same thing and if he wanted it gone sooner, have at.

He wanted to get pissed and i think he called his lawyer...was real short with me...didn't hear **** since. I got the tree removed and trimmed his tree that got damaged...I didn't have to.

Think I will "hep" him out again??...pound dicks ****er.

I know. It seems like she would want to try to keep me as a good neighbor and not piss me off. Just a few hundred dollars could make me happy and then I might be able to overlook a lot of stuff that happens at that house.

 

[Zeeman]

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.

 

[the_great_white]

I know. It seems like she would want to try to keep me as a good neighbor and not piss me off. Just a few hundred dollars could make me happy and then I might be able to overlook a lot of stuff that happens at that house.

Code enforcement is your friend too here

 

[GAgunLAWbooklet]

As people have mentioned if you believe your neighbor had a dead tree which might damage your property you need to notify them in writing to be indemnified.

No, you don't need to notify them.
Somebody else could.
Or they could just see the tree, dead or dying, or weakened by cracks or splits in the trunk and then it's NEGLIGENT not to address it, even if that takes spending $1K hiring a tree service.

You as a plaintiff would have to some some evidence, even circumstantial, that the neighbor knew or should have known their tree was a hazard, but it doesn't have to be written notice from you to them.

 

[InTune]

Need proof you gave notice of the dead tree before the incident

 

[GAgunLAWbooklet]

Some years back after a good windstorm, tornada, hurricane etc, someone at the insurance commissioner's office said it very simple. WHERE IT LAYS, PAYS.

Nope. Not true. Not for sick, weak, dead or dying trees that an ordinary, reasonably observant property owner would notice if he or she had taken a walk through the land once or twice a year.

 

[Zeeman]

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.

Yep. That's what I plan to do. I would like to find some case law, or some ammunition to support my case. I'm retired, stubborn, and pissed enough that I will follow through with going to court unless and/or until someone convinces me that it's not a good idea.

 

[Cruisers460]

Nope. Not true. Not for sick, weak, dead or dying trees that an ordinary, reasonably observant property owner would notice if he or she had taken a walk through the land once or twice a year.

I'll defer to you on this one versus a GA bureaucrat talking to a reporter anyday.

 

[Zeeman]

^^^^^THIS^^^^^^ been there myself.....

I'm not positive it's necessary to give them notice. It seems that she has been negligent in not keeping up her property. This is a big pine that obviously was dead when it fell. I did not notice it, but it is/was not easily seen at the back of her property.

 

[Zeeman]

As people have mentioned if you believe your neighbor had a dead tree which might damage your property you need to notify them in writing to be indemnified.

I did not know that it was dead until it fell. At least part of it fell. The other part is dead and still standing. The tree should have been obvious to her or any of her employees who work on the property. So far, I'm still thinking that she was negligent by not seeing the problem and fixing it before the free snapped off.