cledus6150 said:

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Seeing your handle id assume you would recognize that tree as a potential widow maker as well, the longer that tree stands the less likely you will find a skilled and insured company to come and remove it. Be thankful that it is surrounded by other trees or so it appears that lend support and shelter from wind for the time being. From an arborist's stand point you can only advise them of the hazards and potential liability associated with that tree.

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daniel00 said:

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At minimum, I recommend you try again with the certified letter or something similar. A friend had a neighbor's tree fall on their cars when they were in a rental house, and they were only saved from having to pay for repairs themselves because the homeowner had previously sent the neighbor a certified letter about their tree. So getting some kind of formal documentation that they knew of the situation and its risks would be helpful to you in the future if the tree does fall and damage anything. It would not hurt to try to personally send something to their insurance company if you could figure that out. It might not help either, but it wouldn't hurt. As I understand it, homeowners are only responsible for where their tree falls if they knew the tree was unhealthy/dead. So it would help your case to be able to prove they knew about the tree and the risks.

I would second the recommendation to offer to help pay to cut the tree down. I'm not saying this is reasonable or fair in the general sense. But it does not seem like you have any legal options to force them to do what is right, nor do you know their financial situation and whether they can afford to pay. You might ask if you can meet with them, lay out all your concerns, and tell them if finances are an issue, you are willing to help pay. It's not the ideal situation for your pocketbook, but it might be the best option for the safety of your family.

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SteveBott said:

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You can notify them and make a claim on their homeowners insurance IF they have any. You be surprised at how many people do not carry insurance if the home is paid off. Odds increase if they are bums.

Question. Is the tree north or south of your home? The reason I ask is there is a good chance it breaks off in a windstorm. Most of these storm or from the north and in the spring. Odds go way up or down depending on your answer.

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SteveBott said:

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Doesn't matter if they pick it up they are legally notified. But at least they read the regular letter

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Tony Franklins Other Shoe said:

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A buddy of mine did tree work when we were in college, he was from Longview. I helped him out a lot to earn extra money and work off hangovers. Even back in our stupid days, no way he would have climbed that one to take it down the usual way. That one is bucket truck material for sure.

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Cibalo said:

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the only problem with paying for it is then your neighbors will keep finding things of theirs for you to pay for. it is a slippery slope and I would prefer to not go down.

my hunting lease is on a pine tree farm so we get them falling down all the time. however by the time they get to that point they don't do a lot of damage when they fall

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schmellba99 said:

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CHOCOLATE CHIP TRIP said:

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schmellba99 said:

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Seems strange your lawyer woulnd't send them a letter explaining that they have been notified several times of the potential hazard of the tree and should it fall and damage your property, a lawsuit will be forthcoming to recover all expenses for damages plus lawyer's fees and also gently reminding them of the consequences of what might happen legally if there is an injury to a person or pet as a result of negligence on their part.

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What would be your basis for claiming attorneys' fees?

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I'd throw it in on any lawsuit, especially if somebody has been notified of a danger previously and is willfully ignoring it.

If it gets tossed, it gets tossed. But seems that including fees for damages incurred is a standard procedure, especially if you incur any monetary losses that require a lawyer to settle up - otherwise you aren't made whole, which is the entire point of insurance/lawsuits to begin with.

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expresswrittenconsent said:

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I strenuously object.

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Sasappis said:

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While he is not a lawyer, he is a valuable and longterm contributor to this forum. You are not. Sometimes it is best to just comment that fees likely would not be recoverable here and just move on.

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Yelnick McWawa said:

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CHOCOLATE CHIP TRIP said:

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schmellba99 said:

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CHOCOLATE CHIP TRIP said:

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schmellba99 said:

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CHOCOLATE CHIP TRIP said:

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schmellba99 said:

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Seems strange your lawyer woulnd't send them a letter explaining that they have been notified several times of the potential hazard of the tree and should it fall and damage your property, a lawsuit will be forthcoming to recover all expenses for damages plus lawyer's fees and also gently reminding them of the consequences of what might happen legally if there is an injury to a person or pet as a result of negligence on their part.

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What would be your basis for claiming attorneys' fees?

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I'd throw it in on any lawsuit, especially if somebody has been notified of a danger previously and is willfully ignoring it.

If it gets tossed, it gets tossed. But seems that including fees for damages incurred is a standard procedure, especially if you incur any monetary losses that require a lawyer to settle up - otherwise you aren't made whole, which is the entire point of insurance/lawsuits to begin with.

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I'm just asking what your basis would be. Is it something in Chapter 38 of the TCPRC, or something else?

Or are you saying you'd sign and file a pleading with the court that you know is partially frivolous?

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Not being a lawyer, I don't know every damned code. Didn't realize this was going to turn into the standard "let's split hairs over something really kind of trivial" thread, but this is the OB and I should have known better.

If I'm damaged due to the actions of somebody else and it requires me to spend money - whether through a lawyer or other means - to recover my damages, I consider those expenses as part of my damages and will definitely include those costs in the invoice because not doing so means I'm not made whole. And I wouldn't consider such costs as frivolous.

I also know that if you don't ask for something, you'll never get it. Contract negotiation 101 stuff there, which I do on occasion through my career.

But hey, I'm sure you'll find some obscure thing to pick on in that statement as well. Have at it brosephus, go get your jollies off.

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Oh, you're not a lawyer. Then I would recommend you not advise the OP on legal matters you know nothing about, like whether or not his attorneys' fees would be recoverable in litigation.

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Everyone not named "schmellba99" saw the setup a mile away.

Also, schmellba lecturing someone on arguing about obscure minutia is about as funny as it gets.

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Yelnick McWawa said:

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Sasappis said:

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While he is not a lawyer, he is a valuable and longterm contributor to this forum. You are not. Sometimes it is best to just comment that fees likely would not be recoverable here and just move on.

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"Valuable" is subjective.
The idea that he's been here a long time has earned him the right to post whatever and however he wants while someone who may be a greener must stifle their opinion is laughable. Especially when the poster in question has the reputation schmellba does.

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