Tree Law

[jemclimber]

Hi, I need some help. I have a customer/friend that is being taken to small claims court because his tree shades his neighbors roof, and his neighbor is claiming it rotted his 25 year old roof. I told him it sounds like a joke, but I guess you can sue for anything. Does anyone have any printed reference of past practice that he could show to get this thrown out. Thanks for any help.

Jason

 

[OTG BOSTON]

Arboriculture and the Law by Victor D. Merullo and Michael J. Valentine

and the new one, Tree Law Cases in the USA second edition by Lew Blotch.

In my estimation the neighbor has no case, unless he has documented his concerns leading up to the lawsuit.

I'd countersue for emotional damages for me and my tree

 

[Canyonbc]

I like the countersue

Bring up The Lorax...somebody as to rep. the trees. (lol)

Canyon

Dr. Suess

 

[geofore]

sued?

Way too little info on this other than anyone can sue anybody for anything. A lady living 3/4 mile away from my site tried to sue me, she claimed the street light at my building kept her dogs up at night. She was looking for deep pockets and lost. I kid you not, people can sue for almost anything. She did claim the streetlight in front of her house didn't bother her dogs.
What kind of roof? pitched or flat? shingled, rubber or metal? life expectancy of roof material? Manufacturer's
suggested life expectancy? Does the party do maintenance on the roof like clean the gutters and sweep off the leaves from trees other than those from your customers trees? How often?
Pain is the butt neighbors, you have to defend yourself though. Suggest he hire an attorney.

 

[Ekka]

Too bad if it was a taller building and not a tree eh.

 

[jemclimber]

It's a pitched ashphalt roof. Not overhanging just shading. It's old.
It's just small claims court, I think the max is 3000. I think neighbor just wants the tree down. It seems rediculous to have to get an attorney for something like this. Can you counter sue for attorney costs?? I don't think you can in small claims but am not sure. I told him the judge will probably laugh and through it out but I guess you never know.

 

[Woodie]

Don't know the law in NY, but in some states you aren't even permitted to have an attorney in small-claims court.

I'm with the others...I believe the neighbor has no case whatsoever.

 

[Ekka]

That'll get tossed for sure, no over hang, what a wanker of a neighbour to live with.

My neighbour across the road has gone through a month of hell with his side neighbour (who has rented the joint out for 28years!) ... all over a retaining wall and fence line. Monday is the big showdown, hope I get to see it.

 

[Canyonbc]

haha

and the camera gets pulled out again.

 

[OLD CHIPMONK]

Five years ago our company worked for a customer who had gotten her neighbors " VERBAL PERMISSION " to trim-back some of his encroaching limbs. His tree limbs were scuffing her roof to the point that roof-replacement was neccessary. We trimmed back five limbs plus some other removals and trimming on her property.
Ten days after completion our company received a letter of intent from his attorney. Claiming we destroyed his Live Oak. The suit claimed damages in the amount $ 14,500.00 ( FOURTEEN THOUSAND FIVE HUNDRED ). The neighbor hired a local arborist to assess his Live Oak. In his written report,he stated the limbs were not pruned back to the branch-bark collar. Therefore causal effect ; decay . Obviously and simply put the neighbor asked us to remove ourselves from his property prior to having completed our job !
The decision, JUDGE RULED " OUR CUSTOMER WAS PRIMARY CONTRACTOR ", OUR COMPANY DEEMED A SUB-CONTRACTOR BY THE COURT ! SHE WAS ORDERED TO PAY $ 4700.00 FINAL JUDGEMENT ! LESSON " ALWAYS GET WRITTEN PERMISSION SHOULD INCLUE WORK TO BE PERFORMED".

 

[OLD CHIPMONK]

FURTHER QUESTION ? Would any of you have sued your customer for an unpaid balance due $ 850.00 knowing her circumstances ? Moral of this story: We were damn lucky and she was not ! We did not persue the remaining balance from her.
From that day forth we always get it in writting and I'm only guessing she does too !

 

[treeseer]

FURTHER QUESTION ? Would any of you have sued your customer for an unpaid balance due $ 850.00 knowing her circumstances ? Moral of this story: We were damn lucky and she was not ! We did not persue the remaining balance from her.
From that day forth we always get it in writting and I'm only guessing she does too !

If she has the stamina she could countersue with a competent expert. but stamina wears out fast for normal people in legal cases, so the attorney sharks are the last ones swimming, as long as there is a scrap of flesh in the sea.

 

[boo]

I'm not familiar with all state laws.
If your neighbors tree is growing over your fence/property line, can't you cut what is on your property?
If the tree of a neighbor falls onto your property, whos problem is it then?

 

[RoyalTree]

i am not sure of the exact legal side of it, has not settled yet.

A local tree service company was called out by two neighbors to look at a hugh ficus benjamina that was in one yard but overhanging both houses. The neighbors happen to be brothers that are feuding. One wanted the tree removed so to be contrary the one that owned the tree declines but allows brother to trim his side to fencline.

The tree service company for some reason that I cant explain decided to do as requested and trimmed essentially half the crown of this huge tree that has a diameter of probably 15 feet. Within one week the tree had upprooted and fallen on top of the house causing massive dammage.

The homeowners insurance is taking both the tree service company and neighbor to court to cover the looses.

 

[Justice]

From my understanding you are allowed to trim over your property line... as long as it in not a town, county, city ect tree. However if the trimming caused the death of the tree, or other direct damage then you are liable. As far as the town, city issue it depends on local ordinances, call first.

 

[ciscoguy01]

Property line

As long as the tree is not OVER the property line, it's legal for sure. SHADE is not a violation of ones rights. The house/garage was most assuredly built AFTER the tree was there if it's shading it. This would mean the guy intentionally built his house a place knowing the tree would shade his property. I'm playing cards with a judge tonight, I'll ask him and see what he says... If your over in Canton area, that'd be western NY then it'll be a local magistrate and will prolly be an old farmer. Dude sueing will be lucky not to get smacked by the judge, lmao... This is funny...

 

[aggiewoodbutchr]

If the roof is actually 25 years old they got their moneys worth out of it. 25ys is about the maximum any top quality residential roof material will be warrantied for, 15 is the norm.

They have no case on all fronts.


BUT..........


There are some blithering idiot judges out there. Just because they can recite law books front and back doesn't meant they have a lick of common sense.

Good luck.