Annoying neighbors

[figmo]

There's a couple living behind me who have been complaining about some branches of one of my trees hanging over into their yard. I told them months ago to go ahead and cut them down, explaining to them that it was their legal right to do so.

Instead, they wanted me to pay 50% of a bill to have someone cut the branches down. I am neither legally obligated to do so nor do I have the financial resources to do so.

Today they somehow got ahold of my phone number and telephoned. I reiterated what I said. That somehow wasn't good enough for them, so they had the police intervene for "conflict mediation." The officers at first were taking the couple's side, but I was able to have one of them come into my house where I explained my situation and the legal situation. It was clear neither officer knew what the law in this regard was. The cop was trying to talk me into renting a chainsaw and having "a guy come in and cut the branches down." I explained this was utterly ridiculous.

IIRC if I tell the neighbor to "go ahead and cut whatever is on your side," they can legally do so and are absolved from any potential lawsuits on my part. IIRC I am not at all legally responsible for the part of my tree that hangs over onto their property.

The neighbors are now threatening to take me to small claims court over this. I am L-I-V-I-D.

Comments

Agreeing with Redaxe

[markiv1111.livejournal.com]

Redaxe has probably said all that needs to be said. The thing I would add (having worked as a legal secretary for four or five years in the past, which mainly convinced me of how little about the law I really know) is that in small claims court, you have a pretty good chance -- I mean, the judge is going to *have* to know the law! (That's one of the reasons they're judges.)

By the way, do the neighbors *sound* convincing -- do they talk in a fashion that sounds reasonable and well thought out? I know *you* do -- looking at your part-time day job working in radio. Like it or not, this factor may play a part in a small claims court decision -- although the law seems pretty clearly on your side even so.

Nate

Re: Agreeing with Redaxe

[judith-s.livejournal.com]

Small claims court judges sometimes know the law, and sometimes, they're just lawyers who volunteer as pro tem judges and know less about tree law than you do. And I say this as someone who is a volunteer small claims court pro tem judge. :)

That said, you can and are encouraged to bring copies of the relevant law to small claims court and educate the judge.