Root Tree Damage

Posted: Sun Feb 12, 2012 09:02 pm Post Subject:

Anything is possible. However, perhaps, you may be off the hook now. Knowing that there are tree roots that have made an incursion into your neighbor's pool space, it should be your neighbor's responsibility to protect his property from future damage.

You can discuss the situation with your insurance company, asking if they will indemnify you for a second such occurrence in the future, or if they will cover your neighbor's cost to cut the roots back 5-10 feet from the pool, or if they now consider the liability for future root damage to be that of your neighbor. Get their response in writing and if it puts the burden on your neighbor, then make sure your deliver a copy of the letter to him via Certified Mail Return Receipt Requested, so you have proof in the future that he is aware of the situation and his responsibility. DON'T LOSE that proof of service or the letter from your insurance company!

Posted: Sat Dec 15, 2012 10:06 pm Post Subject: root damage

My neighbor also planted palm trees within 5 ft of a retaining wall but violated the CCRs. A root barrier must be used within 5 ft of a retaining wall which he did not do. His insurance co has accepted liability. Only problem now is there is a $24,000 cost to replace the wall and Farmers claims that it only pays for half the damage as it is a shared wall. Problem is, he violated the CCRs which makes him totally responsible for damages accorrding to our HOA. Farmers thinks that they will only pay for half. I have another feelling due to my neighbors violation. We'll see.

Posted: Sun Dec 16, 2012 05:06 pm Post Subject:

See below

Posted: Sat May 11, 2013 11:57 am Post Subject:

Greetings,
Do not sue as a limited civil matter. This damage exceeds that limit and now may can get you further punitive relief as well. Sue as an unlimited civil matter and ask for a fee waiver and injunctive relief in all premises allowable and name your insurance company and the neighbors too as defendants.This is an injury case andan attorney will take it on contingency with no money retained. Yet use care to read and fully understand the contract to retain the lawyer.
Good luck,
Michael

Posted: Mon May 13, 2013 05:34 am Post Subject:

You should consult an attorney regarding this.

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