We have a neighbor with 6 80’ trees planted 3’ away from property line. We have had damages in our yard for the past 35

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Customer: We have a neighbor with 6 80’ trees planted 3’ away from property line. We have had damages in our yard for the past 35 yrs from them. This time 3/4 of one tree fell in wind storm and broke the tops off of my 2 15 ‘ cedars, broke 2 12v lights, damaged fence and we had 6 hrs of clean up. We sent neighbors a bill for damages and now he claims we have to have our insurance pay for it as it was an act of god.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: We spoke to our insurance and that is how it works?!? 😳. Our insurance deductible is 1000.$ plus we have a claims free discount that we would lose. The bill sent to them is $1700. How is this our fault? His trees cause damage in our yard every storm? do we have rights here on this ?? I have also started small claims.
JA: The Real Estate Lawyer will be able to walk you through that. Where is the property located?
Customer: Saskatoon
JA: Anything else you want the Lawyer to know before I connect you?
Customer: not sure
Answered by Ulysses101 in 25 mins 2 years ago
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Ulysses101
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Ulysses101, Expert

Hello, thank you for the question.

Have you communicated with your neighbour on the issue at all?

Customer
Many many times over 35 yrs. numerous invoices, face to face,
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Ulysses101, Expert

Have you had a lawyer involved before?

Customer
He wants to wake up to his forest!! A previous neighbor to our right took him to court over a poplar tree that had its roots growing into their name foundation. Court made him take down tree
Customer
Basement
Customer
No.
Customer
FYI. If any of these 6 80+' trees ever fell over or broke like the last storm and many previous. .... a pool, garage, shed and house would be damaged not only on our property but the other 2 property owners buildings as well
Customer
Customer attachment 7/11/2020 1:40:43 PM
Customer
Customer attachment 7/11/2020 1:40:49 PM
Customer
Customer attachment 7/11/2020 1:41:19 PM
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Ulysses101, Expert

I'm looking at those attachments now.

Customer
Thanking you.
Customer
Our yard and pool is a constant mess from tree droppings. Elm seeds limbs spruce needles and sappy caps. Constantly cutting off overgrowth in our yard. Seeds reseed. Our pool filter cannot keep up with the mess. I have 35 yrs of pics to share. His yard is a disaster area where they are never out in it. Never see it or look at it. Cut grass with headphones cause it's so full of tree crap acorns etc. We live in our yard or try too everyday.
Customer
Customer attachment 7/11/2020 2:01:59 PM
Customer
Customer attachment 7/11/2020 2:05:06 PM
Customer
My apologies. These doubled up. These are the invoices sent. The replies have been waiting for arbirist and now yesterday how our insurance should pay for it
Customer
Customer attachment 7/11/2020 2:16:21 PM
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Ulysses101, Expert

I think it's time to get a lawyer involved, and I suspect that you know this.

It's easy to say "yes, I agree, your neighbour is the bad guy here" but that doesn't solve anything, and your neighbour is in a pattern of ignoring you because that has worked in the past.

Go see a lawyer to attach some of these more recent bills, and pay the lawyer to send a letter to your neighbour demanding reimbursement for these amounts. Don't forget the deductible on the insurance claim. You'll have the lawyer threaten legal action, including seeking an injunction forcing the removal/pruning of trees so that they aren't a threat to your property, plus legal fees, interest, and general damages for interference with your right to quiet enjoyment and use of your property.

Just a letter won't cost much. Perhaps it will work. But it's clear that what you're doing isn't working so you either have to decide to put up with it, or escalate it. And I can't tell you which is better for you personally.

Does that make sense?

Customer
it sure does. We are at an escalating point unfortunately.
Can you be that lawyer we pay to do this?
Customer
Oh and
With the insurance company saying this
Customer
Act of god?? Are we done Persuing this??
Customer
Pursuing
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Ulysses101, Expert

If your insurance either won't cover it, or your premiums will rise as a result, it's absolutely more worth while to pursue your neighbour for the payment instead of going through insurance.

You'll need to discuss this with your lawyer, of course. Take pictures if can, if there's still anything that you can demonstrate on a photo.

Anything else to discuss about this? I don't know that I can add anything further.

If I've answered you may I please have a service rating? Ratings are how I get credit from the site for helping its customers. Five stars is best, ***** ***** top of your webpage or back to the app. I'd appreciate it.

Customer
Thank you so very very much. We so appreciate your time.
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Ulysses101, Expert

Thanks for the rating, and good luck.

Ulysses

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