Legal Question in Real Estate Law in Kansas
I was contacted in May by a tree company that they needed to disconnect power to my house in order to remove a tree from my neighbors yard. When they called back to schedule a date in June I told them that they couldn't disconnect it on that date because my girlfriend works nights and needed the A/C on in June. The Sunday after they wanted to cut down the tree it fell between the houses, doing a few thousand dollars in damage to my fence, gutters and leaving me holding the bag with removal costs and responsibility for an insurance claim.
I'm going to be out of pocket around $1100. In court I could show a note from the tree company with no date, and phone records showing when conversation began between us.
Do I have a case in small claims to try to recoup my $1100 out of pocket? The neighbor does not live in the property, it has been vacant for the 5 years I have lived in my house, but they do regular maintenance and spot checks.
The neighbor has not contacted me in any way since the tree fell on June 15th
1 Answer from Attorneys
I thought about the facts you described, and found no grounds by which you might recoup your deductible from the tree company or the adjacent landowner. But, since you were the cause of the delay, you might be liable for some of their losses. No communication with your neighbor may be good for you. But, another attorney may find a basis for you to recoup your costs without owing money. Therefore, I suggest that you consult directly with a civil practice attorney in your area.
Good luck
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