Splitting the cost with a neighbor
 

Another 'What would you do?' question:

My parents own a rental property (single-family house). The neighbor recently had to re-do their pool plumbing equipment/wiring. During the course of that, supposedly there was severe root intrusion into the pool plumbing. My parents had 3 large trees in their backyard, just on the other side of the common/shared wooden fence. The neighbors asked my parents to cut take care of the trees.

My parents paid for arborists to take down the three trees.

The neighbor completed their pool work, took down the old wooden fence, and put up a new vinyl one that runs the length of the property--from driveway to back corner of the lot.

Now the neighbor is asking my parents to split the bill. For both the fence ($5000) and the pool repairs ($6300).

I can understand the splitting the cost of the shared fence. But the pool equipment, too? Particularly because their request is after the fact. I have not visited this property in about 40 years, so I have no idea how the rest of the two backyards are landscaped (other trees?).

If my parents knew they were paying for half the bill, should they have had some say in the choice of vendors? Are my parents liable for any future issues with the pool/repairs? What if the work was shoddy? Do my parents have to pay for future repairs? How do we know if the "invoice" actually reflects the price paid by the neighbor? It wouldn't be the first time a contractor charged one price, yet with a wink and a nudge printed up a different amount on an invoice or estimate. Were the repairs just to fix like with like? Or were there upgrades done to the pool/equipment?

They did enough in taking down the trees. They neighbor is asking way too much.

The pervious fence was adequate and they didn't ask first so NO. The pool repairs, that's their business (problem) so NO, and would they please hurry up and pay for the removal of the trees!

The neighbors should have asked to split the bill before any work was done. And that would only be for the fence. Their pool equipment is all on them.

Nope. I would never pay for half the fence because it did not need to be taken down. If they feel the need to do so, have at it but pay for that in full and do not install that fence in the middle of the property but on their side. I have fences on all my rentals, and they are always built and pay for it in full by me and are always on my side of the property. This way, I don't have to hear it. As far as the pool equip, that's not your parents responsibility.

Sure, split the fence.

Since neighbor asked for tree to be removed, did they offer to pay any of that?

As far as pool - which was there first, tree or pool?

No, to all questions.

+1 to both

No payment for any of it! Not even the fence.

I have to also say.....that neighbor is a real piece of work! :rolleyes:

In UK law, which I am sure is not applicable here, although there may easily be an equivalent US law, one can be liable for damage caused by the roots of one's tree to a neighbour's property, by the law of "nuisance".

You are required to pay the cost of abating the nuisance and all remedial works, although the defence is available to you that the injured party had sufficient control over the tree to abate the nuisance themselves, such as by e.g. cutting back the roots or building their pool in such a way as to be immune to the roots, in which case they might be jointly liable with you for their own losses.

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.

If the trees are now gone they may not even be able to prove that there were any trees at all, so you might not even want to admit this fact. It sounds like at this moment you do not even know that they did not have trees themselves which could have caused the damage, so if they pressed for damages I would probably start by asking them to prove that they did not have any of their own trees or roots over the entire period the pool was there. That might be difficult for them to do.

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.

If your parents have not yet paid for the fence I would withhold that money, even if they feel it would be fair to pay that. As it is conceivable they may end up liable for pool costs but not be liable for the fence.

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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https://blacklinehhp.com/fence-laws-in-california

Pool, absolutely not. Fence requires prior notice.

After the fact? No.

If they would’ve liked the neighbor to incur some of the cost, they should’ve asked beforehand and involved them with the entire process.

This is one of those “if you don’t ask, the answer is always no”, situations. And because they agreed to remove the tree without discussion, they think they can now ask for a shared expense.

My answer is simply “no”.

I just finished dealing with this in one of my rental, single family. Lady next door ask me to remove the old broken fence after construction and agrees split the cost for a block wall. Hell no, I am NOT paying for a block wall. Instead, a wooden fence built on my side of the property. Survey was done for construction so I know exactly where the property line is. She was not happy because she had to look at the back of the fence and demanded that I finish the other side. Yeah right.

We just put in a new block wall on one of our rentals.
The old fence was wood, but a block wall seemed to be the best option.
We split the cost with the neighbor. No pool involved, but it did cost $6000 each.

No problem, no drama.

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.

In that case I'd probably just check if the arborist has been misled in any way. Their report may state as a premise that there were no other trees. Check with your tenants whether your neighbour recently removed trees of their own.

If they have the report they're probably serious about making you pay. Get them to acknowledge in an email / writing that you're not present at the property regularly. Ask them when the pool was put in and point out that they didn't at that point a) take measures to protect against the roots and b) notify you of the foreseeable outcome of THEIR pool building, and point out their duty to mitigate their own losses. I'd still admit no liability and verbally offer them cents in the dollar on their pool costs and nothing for the fence, as that should have been agreed in advance.

If you feel duty bound to pay half of the fence, offer them that amount for the pool.

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FWIW, it’s hurricane season again (here). It has been well documented, if a (live) tree falls from your yard and does damage to your neighbor’s house, it is the responsibility of the neighbor’s insurance company to cover the neighbor’s damage. Seems like the same would apply from root damage. Sounds like the neighbor is way out of his lane.

The time to ask is before any work were done, then they could have had some input on the fence. after the fact, no. Pool plumbing, no in any scenario.

I would explain to the neighbor that in removing the trees they did more than enough. The balance is on them. Trees grow and that is that. If they chose a nice vinyl fence, that was on them unless your parents are just very generous.

If they wanted to split anything, ^that's^ exactly it.

The fact that you parents had 3 trees taken down, to me says that they have already paid for work to help out the neighbors.

If the parents were going to pay for the fence, they'd have also had a say in the fence replacement.

No, your parents should not hand any money over to the neighbor.