Quote:
Originally Posted by RobFrost
They would mormally have to provide an arboriculturist's report proving the nuisance was caused by your tree and a surveyor's report quantifying the damage, although if they won their claim, you would probably be liable for the costs of these reports.
It is important, therefore, if you do not wish to pay, that you do not do anything which might reasonably be construed as accepting that your tree caused the damage.
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It would also be important whether the trees and roots were already there before they installed the pool, in which case the liability could be upon them for not abating the roots or building the pool to be immune from damage, or notifying you at the time of the problem, when a reasonable person would have foreseen the issue.
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If it were me I would aim to agree verbally with the neighbour what the sum was to be and once agreed I'd get a solicitor to draft a letter for the neighbour to sign, stating that no liability is accepted and that the sum will be the entire settlement and no further monies due in respect of the matter. As part of the verbal discussion, I'd inform them that the letter would follow, just so we all know where we stand and make sure they agree to it, on the grounds that it "protects both parties" and "makes sure there's no misunderstanding". Only then would I make any payment. You'd also need to be sure the person signing was the only possible claimant.
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Good points.
An arborist (not sure if picked by the neighbor or my parents' rental agency) give an extensive report documenting the root damage and how it was most likely from my parents' 3 trees. The 3 trees were on my parents' property, close to the property line.
Not sure how long the trees and neighbor's pool have been there. Chicken or egg? My parents have owned this rental house for probably over 40 years, so the trees may likely be that old.
Good point on having neighbor sign off on a release, if my parents wind up paying for anything.
I really appreciate the input of the braintrust here on PPOT. I just wanted to make sure I wasn't way off base when I heard the neighbor wanted my parents to foot half the tab for the pool plumbing equipment. I didn't see the neighbors offering to split the cost of taking down the trees.