Apr 21, 2017 · I hired a tree trimming company to cut down 6 dead trees 2 dead stumps and 1 branch off my oak tree, to clean up only the dead branches on front trees. They butchered my yard cut down trees and took off limbs not authorized they broke 2 windows my gate and my sprinklers. My oasis now looks like a construction zone. I just purchased this ...
You would need to speak to a plaintiff's attorney. However, you would also have to consider what type of damages you would realistically receive. If you didn't incur any medical bills, had no emotional distress, and can't show that their negligence was severe enough to warrant punitive damages, then I doubt this would be a case worth pursuing.
Aug 18, 2021 · A real estate lawyer will be able to inform the individual about their legal rights and whether they have a viable argument to prevent the neighbor from chopping down their shared tree. If the law is on the individual’s side and a lawyer determines that the individual does in fact have a viable argument against their neighbor, then the next step would be to file an injunction …
Apr 11, 2017 ·
Under existing city law, destroying a California live oak or any of several other oak species without a city permit is a misdemeanor punishable by a fine of $1,000 and a jail sentence of up to six months. To get a permit, developers must agree to replace each oak they destroy with two new oak trees.Apr 6, 1991
Cutting Down Other Trees In California, no private citizen is permitted to cut down a tree on public land, and Californians can face serious legal consequences if they chop down any tree on another person's property. This is equally true of trees on property lines.Sep 13, 2021
Explains the holding in Shiel v. Rowell: If a tree is healthy, a property owner does not have to cut it down or trim it to please a neighbor. If branches or roots cross a property line, the neighbors can cut them themselves.
You may not cut down the tree. You need permission to enter the tree owner's property. You cannot injure the tree when trimming. Trimming may only occur up to the boundary line between properties.
2d 730.] If a neighbor's tree has branches hanging over your property, your neighbor is liable for any damage caused if those branches fall. [Smith-Chavez, et al., Cal.Dec 15, 2020
California law protects native trees, including oak trees. The state of California bans the removal of certain native trees, including oak trees. Oak trees existed in the state during ancient times, according to the city of Los Angeles, and were used by Native Americans and Spaniards living in the area.
When a tree falls over onto a neighbor's property, that neighbor should submit a claim to his or her insurance company immediately. The insurance company is usually responsible for taking care of the damages. This is true if the tree fell over due to an act of nature.
Section 68 of PD 705 states that “any person who shall cut, gather, collect, or remove timber or other forest products from any forest land, or timber from alienable and disposable public lands, or from private lands, without any authority under a license agreement, lease, license or permit, shall be guilty of ...Oct 14, 2019
Trees that top this list include sand live oak, live oak, sabal palm (as long as they are not overly pruned and weakened by the inappropriately named “hurricane cut”), southern magnolia, bald cypress, yaupon holly, winged elm and crape myrtle.
Any amount of removal or damage that traverses the property line without the owner's consent, even if genuinely and reasonably believed to be correct, can make the trimming neighbor liable to the owner for damages two to three times the value of actual damages.
California Civil Code section 3346 considers the encroachment of branches and roots onto your property to be a nuisance. You are allowed to trim the tree on your land in a way that the tree is not damaged.Nov 7, 2017
Surprisingly, the answer is “No.” In the 1994 case of Booska v. Patel, a California appellate court held that a neighbor does not have the absolute right to cut encroaching roots and branches so that they end at his or her property line.
Well, naturally the first thing to do is to contact the lawn care company. If they haven’t reached out to you already.
First of all, find a lawn care pro on GreenPal, and replace the other guy.
There are a few things that you can do to mitigate being stuck in this situation ahead of time:
If your neighbor is unwilling to remove a dangerous tree, you may have to go to court. A real estate lawyer can help you take the proper steps to remove the dangerous tree. If you chose to sue for damages, a real estate attorney can file the necessary paperwork and represent you in court.
If you do not want to trim the tree, check your local tree ordinance to make sure that the law is on your side. You may be violating a local law if the tree size is a hazard or violating a local ordinance height or size limit.
If your neighbor’s tree branches hang over your yard, you have the right to trim them up to the property line. However, you may not trespass onto your neighbor’s property or destroy the tree. If you deliberately harm your neighbor’s tree, you may be liable to your neighbor for two to three times the value of the actual monetary loss.
In that case, all owners are responsible for the care of the tree and the tree cannot be removed without the other owner’s permission.
Did you have a written contract? Did the "contractor" have insurance? Dd they ring your doorbell and say that they were in the neighborhood and wondered if you needed help? Did they show aany sign of being a legitimate company? Did their trucks have phone numbers aanda company name on them? did you do a web search on them? I can't even begin to start forming an opinion on your legal....
Of course; anyone can sue anyone for anything; the more focused questions are: 1) can I win? and 2) can I collect? and perhaps most importantly to most folks - how much is this going to cost me?
As previously mentioned, the laws regarding legal liability for damaged boundary trees will vary in accordance with state laws and local ordinances. In general, a boundary tree is considered to belong to both sets of property owners. Thus, neither owner may destroy or damage the tree without each other’s consent to do so.
The most common type of remedy that a person can collect from a neighbor who destroyed a shared tree is a monetary damages award.
An individual may be able to prevent their neighbor from cutting down a shared tree in certain situations. In order to determine whether this will be possible, an individual should consult the laws in their local jurisdiction concerning tree and neighbor disputes.
Disputes between neighbors over shared trees can present complex legal issues. Thus, if your neighbor is attempting to cut down a shared tree, then you may want to consider hiring a local real estate lawyer for further legal guidance.
When you hire an attorney, you do so with trust and confidence. Most attorneys are upstanding and do a good job for their clients. Unfortunately, there are also some bad eggs out there. If your attorney has done something wrong, you may want to consider suing a lawyer for malpractice.
When suing an attorney for legal malpractice, you will need to show that the attorney did not use the ordinary amount of skill and care that most attorneys use in similar situations.
Types of Attorney Malpractice 1 Negligence. To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy. Negligence happens when the attorney makes mistakes that other attorneys normally would not. 2 Breach of duty. This kind of malpractice happens when the lawyer violates his or her responsibilities to you by settling the case without your approval, not preparing the case for trial, lying to you, abandoning your case, misusing funds you provided for court costs, or misusing funds owed to you (such as a settlement amount). The attorney has not done what other attorneys would do in this type of case. 3 Breach of contract. This occurs when an attorney fails to do something he or she agreed to in your contract, such as filing your deed or patent. If the lawyer promised to do something he or she was contractually obligated to do and didn't do it, you have grounds for breach of contract.
The attorney could be disbarred or directed to pay you compensation. If you are disputing a fee with your lawyer, the state also likely has a fee dispute committee that can help you obtain an out-of-court resolution. You can hire another attorney to complete or fix your case and obtain the outcome you need.
Breach of contract. This occurs when an attorney fails to do something he or she agreed to in your contract, such as filing your deed or patent. If the lawyer promised to do something he or she was contractually obligated to do and didn't do it, you have grounds for breach of contract.
To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy.
Please find a real estate lawyer and bring all your paperwork. The Middletown area has some decent practitioners. It may be helpful to call a lawyer in general practice. . .this is not an uncommon problem. Try the AVVO Find a Lawyer Tab. Good luck.
You need to talk to an attorney who knows RESPA, the Real Estate Settlement Procedures Act. As of January 2014, there are new regulations that are designed to prevent you from getting the runaround about loss mitigation and having to reapply multiple times.
The CFPB was created in theory to protect the consumer and they want your complaint about your lender. Ensure you have filed your complaints with specificity here: http://www.consumerfinance.gov/complaint/ Keep in mind, they will gather those and potentially investigate the lender, but they aren't going to solve every situation.