Legal Question in Real Estate Law in Washington
Tree Falling
Our neighbors trees fell into our yard. This was the 2nd & 3rd occurrence in one month. The 2nd tree fell a day before a big windstorm. The 3rd tree fell during the storm. We cleaned up the first tree. At that time, he told us that he had someone look at his trees and was told that they were dying. He scheduled a tree removal for two months after he met with the tree guy. The 2nd & 3rd trees fell approximately 6 weeks prior to his scheduled tree removal. He now wants us to pay for the removal and clean up of the trees that landed in our yard. We believe that he is obligated to pay for the removal because he knew that the trees were dying and posed a hazard to our property. He believes that he did all he needed to do by scheduling a tree removal, even though it was not going to occur for over two months after the 1st tree fell. He claims that the 2nd & 3rd tree are just an ''act of god'' that he had no control over. We have attempted to negotiate with him and pay a portion of the tree removal but he is not satisfied with the amount we have offered. We have not asked him for $ to repair the fence that was damaged by the trees falling the 2nd & 3rd time, or the damage to the lawn. He is now threatening legal action
1 Answer from Attorneys
Re: Tree Falling
How fun for you!
Don't offer to pay him any more money and I cannot wait to hear who is going to represent him to sue you because you won't pay him any more money to clean up his trees.
Write him a letter. Politely ask him for the contact information for his homeowner's insurance policy agent.
Or, consider taking him to small claims for the money required to repair your fence and reimburse you for the efforts you had to go through to clean up his mess.
This falls under the heading of "don't take legal advice from your opponent". He's got you snowed into believing that this is your fault. That's absurd, based on the facts you provided here.
Hope this helps. Powell