Legal Question in Real Estate Law in California

Workers cut down neighbors tree

I hired some local guys to do work in my yard. No contract, cash, they ended up falling one of my trees into the neighbors yard, then the workers went into my neighbors yard, and cut down a tree to remove my tree. Is there a limit to my resposibilty, or do I really have to pay $1400 to replace a tree no one can see through all the other trees in the farthest corner of his property? Or could I actually get somewhere sueing workers I had no written agreement with?


Asked on 5/04/09, 10:00 pm

2 Answers from Attorneys
Daniel Bakondi The Law Office of Daniel Bakondi

Re: Workers cut down neighbors tree

DId they admit to your neighbor that they caused the tree to fall?

Best,

Daniel Bakondi, Esq.

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Answered on 5/04/09, 11:23 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Workers cut down neighbors tree

My advice would be to report this to your homeowners insurance agent and ask about coverage. You may be able to sue the presumably-unlicensed local guys, but your chances of winning and collecting a judgment are probably somewhat shaky. Lack of a written agreement doesn't mean "no contract," it only means a harder-to-prove oral contract. By the way, if the neighbor took you to court, he might win treble damages for cutting a tree on his land. I'd treat him with some kindness and respect.

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Answered on 5/04/09, 11:57 pm


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