Any pointers on representing myself in civil court? Pine tree snapped on neighbor's car...

6BangBronk

6BangBronk

Well-Known Member
Joined
Jul 15, 2005
Location
Durham
Or do you think I even would have to???
Bottom line, the tree was exactly on the property line.

Long story summed up as short as possible: While renting the house out I decided to sell. So I wrote a letter to the neighbor asking if their daughter was still interested for she was at one time. They in turn called me and informed me I can't sell for my chain link fence was over the line? First I heard of it. Since fence was up for 34 years I did not feel obligated to mess with it but being the nice guy I am...
Hired 2 Mexicans and we worked 3 days cutting every tree within 5 foot and moving the fence. It was over maybe 2-3 inches only in the back yard for a run of maybe 300 feet. We moved it a whole foot. But while stringing from iron to iron there were several trees that needed cut that were on the property line. But right at neighbor's house he had a privacy fence up and there were two trees that we couldn't tackle without messing the fence or his house up. We simply just swapped the fence from their side of the two trees to my side and left them. I just so happened to take a picture of the tree in between the two fences so I have a "before".
Welp, one of the two trees snapped in the weather and neighbor wants me to pay 100% for a dent in their car, their roof messed up a tad and the cost of the tree removal. I went down and took a bunch of pics even though the car was nowhere to be found. I called them and tried to explain that I would pay half since the tree was on the line and I would come saw it up this weekend and even take the other tree down with his help and that I would fix the roof knowing it was an easy fix.
He will have no part of it. He feels as if I need to pay 100% for everything. I've asked and have the survey crew on reserve after I get the formal letter in the mail to go locate it and do me a "Tree location map".
One bit of information though since I own the house and no one lives there, I had my insurance cancelled. Insurance is NOT required by NC if you own the house. I'm prepared to pay out of pocket anything that is needed.
An engineer here informed me that NC has a rule that you can't sue over mother nature and trees??? He said his neighbor's 66 t-bird got cut in half by a big pine but there were nothing they could do about it since the tree was healthy. If we could get sued by mother nature, NC would not have any trees left???

That being said, I figured I'd just take all my pics with me printed out on 8 1/2 x 11's along with the tree location map and represent myself hoping my kind gestures get blown up in their face. I've never been to court before?

Why does drama follow me??? I don't mess with nobody and just want to live my life??? Why can't we just all get along???
 
I had a neighbor with a tree issue, property next to hers had 'leaners' that came down and hit her house. I think her insurance paid, after her deductible for roof r&r. The owner of the property (local water mgmt. company) had no liability, I'm assuming the insurance company chased them down too. In order for them to be liable, she would have had to sent them a registered letter explaining her concerns.

So is the neighbor officially suing you, or just threatening right now? I wouldn't volunteer any money, let their homeowners insurance deal with it.
 
I would tell them very politely and courteously.....to go fuck off.

I think you've been more than fair. Sounds like these people are troublemakers to begin with, you made a good offer and they refused, so get your ammo together with the survey and all, and tell them you can give them half or you can give them nothing.
 
RenegadeT said:
So is the neighbor officially suing you, or just threatening right now? I wouldn't volunteer any money, let their homeowners insurance deal with it.
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X2. Also your picture before makes it look as if the tree is on their side?
 
I have nothing more to add than what I've heard from others. My understanding is that a tree falling over due to weather is considered an act of God. Unless the neighbor approached you beforehand and stated they were concerned about the trees then you're off the hook. To me it's more complicated because no one claims the tree to be on their property outright. My understanding is that if your neighbor states beforehand they have an issue with a tree on your property then you are responsible for damages.
 
Tree is exactly in middle. My fence on my side of trees, his fence on his side of trees.

Dude asked me 3 times while moving the fence to "just give him the money I'm paying the Mexicans, unhook the fence at top and bottom and give them the fence row". I politely told him that he should buy the fence from me since chain link isn't cheap and went about my business knowing since the fence waved back and fourth that that would not fix the issue.

He's black and poor, I'm white and have a job. America is such a racist society...
 
paradisePWoffrd said:
is this the same neighbor that is so good at concrete work?
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No, the other house. Never had issues with these folk until now.

Concrete dude is actually the best neighbor I could have. Anyone that would get out of bed to help a neighbor bury a cat is a winner. Been nursing a cat for a week now and she finally croaked last night. Then my shovel broke. Texted him and he came right out insisted on just helping me knock it out so both of us could go in...
 
How much money are we talking about here? I assume this would be small claims court at best.

Blaze said:
I would tell them very politely and courteously.....to go fuck off.

I think you've been more than fair. Sounds like these people are troublemakers to begin with, you made a good offer and they refused, so get your ammo together with the survey and all, and tell them you can give them half or you can give them nothing.
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This is where I'd fall. It;s going to cost him money to sue you. Once he realizes that, as well as the fact that you can counter w/ all of your costs if he were to lose, there is little chance he'll follow through. And if he does, you'll have no trouble in court. Be polite and dress halfway decent, which I'm sure you would, and you'll be fine.

BTW, if it comes down to it - forget the whole backstory. The situation is simple. Healthy tree right on the property line. Falls in storm. Are you liable or not. Period.
 
Oh yea, wife wouldn't go along with placing cat in the fridge til morning last night for some reason??? :shaking:

She had to go then and there. Shovel broke and it crossed my mind to store her somewhere but last thing I needed was for her to disappear and then show up in the driveway 3 days from now...:rolleyes:
 
I represented myself in a civil case and won when suing someone last year. Was pretty easy but time consuming and a pain in the ass.

My guess is that he is threatening you to get $. Call his bluff.


Did he provide or give you pictures of the damage when it happened? If not, how can he prove the damage was from the tree.

If the tree is on the property line, then his half is his half and owns up to the property line, above and below it; he is liable for his half and you are for yours. Basically, a "tennant in common".

If you have the property line PROFESSIONALLY surveyed by a licensed surveyor proving the tree is on the property line and his portion is what fell and caused damage, it would likely deter any civil case. Problem is, the cost of the survey may likely exceed the cost of repairs. Then you have a matter of principle.
 
rockcity said:
I represented myself in a civil case and won when suing someone last year. Was pretty easy but time consuming and a pain in the ass.

My guess is that he is threatening you to get $. Call his bluff.


Did he provide or give you pictures of the damage when it happened? If not, how can he prove the damage was from the tree.

If the tree is on the property line, then his half is his half and owns up to the property line, above and below it; he is liable for his half and you are for yours. Basically, a "tennant in common".

If you have the property line PROFESSIONALLY surveyed by a licensed surveyor proving the tree is on the property line and his portion is what fell and caused damage, it would likely deter any civil case. Problem is, the cost of the survey may likely exceed the cost of repairs. Then you have a matter of principle.
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And what gets me is people bluff for the money and then don't even fix the car...

No pic provided. I asked the insurance agent that contacted me but no response either. She has yet to get back with me since Monday. I presented her my case in an email with all my pics and told her I wanted to see the dent fixed along with a receipt before I gave my half. I left a phone message to the owners as well. They won't answer the phone or return any messages either so he gets to cut the tree down himself I guess???

The benefit of working with a survey company... Bad thing is I was contemplating changing professions when this all happened.
 
If you are liable for the car, you are liable whether or not the car is repaired.

Now I dont think you are liable at all but the "receipt before I gave my half" isn't how the law works. If you damage my property Im entitled to restitution whether or not I repair it for LOV etc.

Ratlab gave GREAT advice. Dont get bogged down in the mud. The tree fell. its an Act of God not your fault. No blame.

BTW any offering of payment can be construed by a court as an admission of guilt. Dont do that again.
 
About 10 years ago a neighbors tree fell and hit our roof.
Their homeowners paid for it. I vaguely recall something about they paid because it was a dead tree and should have been removed. If it were live it would have been under act of God and my problem.
Then again the memory ain't what it used to be.
 
Ron said:
BTW any offering of payment can be construed by a court as an admission of guilt. Dont do that again.
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Exactly. Many years back when I was young and dumb a guy ran into the side of my truck and trailer and totaled my trailer. He gave me the number of his body shop and said he would take care of it. Then when he found the price he said he wouldn't do it. I took him to small claims court and the judge saw that note he gave me and made up his mind right there, I won quickly and easily. This story is also a reason why you should always get a police report.
 
I had a neighbors tree fall on my chain link fence. It fell because he cut it wrong, got stuck in another tree then came down in a wind storm. The first thing his insurance company asked was about how the tree came down. Whether it was an act of God or not. When I told her that he cut it, she offered to pay right away. I believe they were not liable if it fell on it's own and was in good shape. Well, it means that insurance wouldn't cover it, at least.
 
6BangBronk said:
Oh yea, wife wouldn't go along with placing cat in the fridge til morning last night for some reason??? :shaking:

She had to go then and there. Shovel broke and it crossed my mind to store her somewhere but last thing I needed was for her to disappear and then show up in the driveway 3 days from now...:rolleyes:
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Where you're at the Coyotes would have removed the cat from your back 40 overnight. They may still do it if it was not buried deep enough :eek:
 
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I had a tree fall that was in my yard, not even close to the line, fall and hit the neighbors house. I called my homeowners insurance, they asked if the tree was in otherwise good health, did it hit any insured structure of mine on my property, did it block my driveway. Since the tree was in good health, didn't hit anything on my property, and didn't block my driveway I had no liability. Their insurance paid for the damages they incurred.
 
I don't know if it's good advice or not, but I would not speak of that offer again. If he starts talking about you paying up some more, tell him what that law says, and that you will see him in court if need be. If you go into court confident, and act like you know what you are doing, you will come out OK.
 
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