Neighbor chained sawed a tree in his yard with a saw cut angle that directed huge tree to fall into my yard. Does he have to pay to have it removed?

[Tree-Victim]

What is the name of your state?

Georgia

 

[justalayman]

Given his actions caused the tree to fall where it did, he is liable for damages caused. That would include the cleanup as well as any actual damage to your property.

 

[FlyingRon]

I agree. If an "act of god" (tornado, windstorm, whatever) had caused a healthy tree to fall over into your yard, it would be on you. Since he caused it to fall that way (either out of intent or negligence), he is responsible.

 

[xylene]

Is it good wood or trash sticks?

 

[adjusterjack]

Neighbor chained sawed a tree in his yard with a saw cut angle that directed huge tree to fall into my yard. Does he have to pay to have it removed?

What did he say when you asked him to pay for the removal?

 

[FarmerJ]

are you able to get a picture of it showing the cuts that lead to it coming down into your yard for your own record?

 

[justalayman]

I’m not sure where you’re going farmerj. While taking pictures showing the tree was cut rather than falling would aid in proving liability, it isn’t really necessary unless the neighbor is arguing he didn’t cut the tree down.

 

[Tree-Victim]

are you able to get a picture of it showing the cuts that lead to it coming down into your yard for your own record?

Yes... have multiple photos that show the stump and horizontal saw cut angle, the wedge cut on the opposite side, and the hinge break away when it dropped into my yard. Two tree service professionals have also examined the tree an expressed their opinions that it was an intentional act, as the tree had to be angled 20 or 30 degrees towards our Lot (across the property line) vs. an angle which would have directed the tree straight down hill containing on the owners lot (rather than mine). I got those opinions verbally and am attempting to get them in writing, but the arborists who were quite willing to chat me up to get my business... may not be willing put it I’m writing.

 

[Tree-Victim]

Is it good wood or trash sticks?

Diseased and insect infested at this point... doubt if it would have any salvage or firewood vendor resale value.

 

[Tree-Victim]

What did he say when you asked him to pay for the removal?

He told me to get my butt out of his driveway...

 

[LdiJ]

He told me to get my butt out of his driveway...

You may have to remove it yourself and then sue him for the cost. Do not assume that the wood is no good for firewood.

You might want to put an add on Craigslist offering the wood for firewood if someone is willing to cut it up and haul it away. However, you would need to be able to identify what kind of tree it was.

 

[adjusterjack]

He told me to get my butt out of his driveway...

Then you pay for the removal and clean up, send him a copy of the bill with a demand for payment and a copy of your completed but not filed small claims complaint form and a deadline date to pay. Then sue him if he doesn't pay by the deadline date.

Of course, if you do as LdiJ suggests and somebody cuts it up and hauls it away for free then you have no monetary damages to sue for.

 

[LdiJ]

Then you pay for the removal and clean up, send him a copy of the bill with a demand for payment and a copy of your completed but not filed small claims complaint form and a deadline date to pay. Then sue him if he doesn't pay by the deadline date.

Of course, if you do as LdiJ suggests and somebody cuts it up and hauls it away for free then you have no monetary damages to sue for.

My dad did that all the time when I was a child and a young adult. He and one of his friends would even cut down trees for free for the firewood. The only requirement was that the type of tree be suitable for firewood.

 

[FlyingRon]

When I lived in suburban Virginia, we had what I'd call the West Virginia tree gypsies. They'd come over and offer to remove your fallen/dead trees and remove the wood for you (they were really just after wood they would resell as firewood).