Legal Advice
 

Ok, for all you lawyers and law school students out there, I'm asking for your advice.

Our house has a brick wall lining the property line in the backyard (as all of the homes in our area do) but the wall has been starting to lean and get fissures in it, due to a humongous sycamore tree that is not on our property. The neighbor whose property it's on has repeatedly ignored requests from Vector Control (rodent control) and Edison (electric company) to maintain the monstrosity, since it leans against a power pole.

We spoke to the mayor of our city, and he said there is nothing he can do about it, because it hasn’t interfered with the top power line, yet. It is now up to us to contact that property owner and ask him to trim his tree and to get his roots (that have grown more than half way into our backyard) under control.

As my grandparents are the legal owners of this house and are both having extreme health problems currently, I am wondering how we should go about this. Should we ask him face to face (which hasn’t worked for the other three neighbors that surround his property – about other tree issues) or should we send a certified receipt requested letter to him?

And then the question raised is, what happens if he does nothing? The cost of the brick wall alone will be more than the small claims maximum in California, which is $5,000. Also, being that my grandparents are not well enough to physically go to court, should it become necessary, could we go in their stead? Or would an attorney be able to represent them?

Any help would be much appreciated.

Thanks!

~Beth

Beth, the Mayor is a friggen idiot.:o

If certan parts of the local Govt ask something be done or the Power Company request that they want something done, there is a thing called right of way that all Utilities have and they can come in and trim the offending tree without permission.

If it is causing property damage, something can be done.

Call your local code enforcement office and ask them. Call the Utilitie Copmany about it.

If push comes to shove, cut the roots on Your property, nail nails, put weed poison, or salt or oil on it. When it becomes dead, it really becomes a hazard!:)

Tell them that the tree is a dangerment for Real Property and if any damage is done, they will be renting an apartment as you will own the house and land. !!!!

Sorry to be the tree-hugger here, but DON"T KILL THE TREE! It serves many other functions to your lawn/property that you may not be aware of. I'd say maybe bring over the OTHER neighbors who are having a problem with it, don't be confrontational, be rational. Understand that that tree might have significance to him (great grandfather planted it, whatever). But if rational means fail, then go to the lawyers. Does this wall serve any other purpose aside from delinating property? If it doesn't contain your/ his pets or any other sort of function...I'd say just knock it down and forget about it. Or knock it down and get a wire fence.

Are you on CRACK?

The tree is encroaching on her property. I don't care how special the tree is, if I wanted it in my yard, I would have put it there in the first place. A wire fence is not aesthetically pleasing to look at nor will it serve the retainment purposes that a brick wall does.

Re: Legal Advice
 

Beth, why do you have to do something about this *now*? Seems like it'd just add a lot to the stress your family's already under.

Re: Legal Advice
 

Okay, I'll be the lawyer that says I'd be very hesitant to trust any legal advise posted in a chat forum. And I certainly wouldn't think of giving any advise.

First, I'm not licensed in California and know little of California law (other than to know that California law sometimes looks a little crazy to those of us from elsewhere).

Second, there are enough unknown variables -- possible restrictive covenants in the neighborhood, ordinances, easements, etc. -- that it really isn't possible to make a competent answer assessment of your situation.

I know it's probably not what you want to hear, but your best bet is to talk to a lawyer in your area. If money is an issue (which I realize it may well be), look for a legal services center or perhaps a legal services clinic at a nearby lawschool (of which California has multitudes). This may not fall under the types of cases/issues such a center or clinic will deal with, but then again it might, especially given your grandparents' situation.

Or maybe there's a Phi Sigma Sigma lawyer in the area who'd help a sister?

Re: Re: Legal Advice
 

I was thinking the same thing.

I understand that getting advice from online isn't going to be the best way to go. But since I know there are a lot of people on here that like giving advice and stuff of that nature, I thought I'd just ask.

It's not like we're going to go up to them and say, "According to so-and-so on Greekchat.com they say you have to..."

And no, we don't have to do anything about it right now - unless of course the brick wall falls down.

About saving the tree - I highly doubt the tree is of any importance to this guy. First of all, he's only lived in the house for maybe the past 5 years, whereas this tree has got to be at least 20 years old. And secondly, he doesn't take care of it... I don't know, but if there's something that means that much to me, I'd take care of it.

Also, a wire fence is not an option. Living in Southern California, you don't get a lot of privacy to begin with, since all the houses are built thisclose so having brick walls are more of a necessity.

Lastly, we're not trying to make a buck here. We just want the guy to take care of the tree, or take it out, because it's not just damaging his property anymore.

I'd really say try calling a lawyer in your area. See if there's a Lawyer Referral Service through your county's bar association. I know our charges (or at least the rate was a couple years ago) like 20 or 25 bucks for a 20-30 minute initial consultation (cheaper than if you just went on your own accord to the attorney). They could at least give you an idea of what your options are.

Unless you have power of attorney for your grandparents, they would have to make the decisions.

If any damage does occur to your property, the neighbor's homeowners would most likely cover it.

I understand. But my feeling is that, when it comes to legal advice about a specific situation like this, the people who are best qualified to give advice are also likely to refrain from giving it, if for no other reasons that ethical ones.

While I know you wouldn't be saying "MysticCat said such-and-such," the fact is that I, as a lawyer, would be giving advice when (1) I don't know all the relevant facts, and (2) I'm not necessarily familiar with the relevant law, i.e., relevant California law. I think most lawyers would think that means they need to keep their mouths shit (fingers still?) or, at most, give some very generic advice.

That, in turn, increases the likelihood that the advice you do get is from people who may not really know what they're talking about.

And Danielle is right about Lawyers' Referral Services -- most areas have them.

Why are you talking about lawyers?

Have you tried just asking him politely? Why are people ready to take such drastic measures over the smallest thing?

-Rudey

Rudey, good point, but there are rights on the encrouchee as opposed, to the encroucher.:)

Basically, do as a Lawyer says, get a Lawyer of Local Semi Status.

Now, if a Legal Fleagle wont take the case or wants to charge you a damn arm and leg, let said Tree do its work, then file for damages and kick their asses!:) Take ist as far as the State Supreme Court. Appeal, appeal, plea and just say Chain Friggen Saw muffled late at night.:mad:

Fences were a made to keep cows dogs and kids in yards.:(

Well thanks for everybody's responses. We are going to go speak to him, as we had originally planned. I just wanted to see what would be the appropriate thing to do afterwards, since I'm sure nothing is going to come out of talking with him.

So once again, thanks for your help. :D

~Beth

Trees do become large enough and problematic enough at certian points of their lives that it becomes neccasary to take them out. If the roots are encroching that much on the property, I'd say there is a good chance the tree is in distress and is about to die anyway. When trees reach their lives or are stressed, they go into "panic" mode and the roots start spreading out rather than down and then out. When the roots spread out too much the tree is no longer stable, and it becomes a huge problem because with the next big wind, down goes the tree and typically a pole, house, car, etc.

Yes, trees are important. Yes, they serve important functions, but they have a life span. When it reaches the end of the life span, the tree becomes a danger. Have it taken down and put in a new one.

//steps off soapbox.

This is not legal advice, rather nature advice :)

In our old house, the roots from a weeping willow tree at one end of our property were growing underneath our brick patio and causing the bricks to buckle. Much like this sycamore is doing to your wall. We hired a tree guy (my mind's not quite awake yet. Landscaper, I guess he was?) who came in and severed the root from the tree and then pulled it out. We were then able to pick out the dozen or so bricks that had buckled and then lay them in the pation again. Everything was fine then.

Maybe you could try that? It cost us about $120.00 and it's not a permanent fix, but since those type of trees grow slowly it'll solve your problem for 10 years or so.

Good luck :)