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I really appreciate all the help and feedback. I think what I'm going to do tomorrow is have the tree company come out here so I can see what I'm dealing with, call my insurance agent and get her input, call the city and see what they say, and then based on all of that I'll have a better idea as to what to do. This guy has a lawyer on retainer so I know he is going to do whatever he can to make sure it's as hard for me as possible to accomplish this in a way that is a win-win for both sides. It's a really good thing I caught this before it must be taken care of as in RIGHT NOW. I have some time to explore options before anything has to be done. Nothing is falling down, fortunately.
it is a simple case, no judge will like a stubborn a$$ who do not cooperate and behave like this. If he contacts his lawer he will advise him to cooperate.
Another advise to you: In every e-mail you send to him and anybody abot the work you plannng to do CC as many people as you can:
your insurance agent, your contractor, your neighbors, your city, your police department, anybody who is even distantly related in your mind to the problem. If he does not cooperate and responds, there is NOTHING his lawyer will be able to do for him.
Send everything via e-mail, first class USPS, AND by certified mail. In some states, certified mail is not sufficient notice only first class (regular) will qualify for proper notification. And absolutely CC (not BCC) building inspector, your insurance company, and even his lawyer if you know who it is.
Just on the off-chance the email went into his spam/junk folder, you might want to re-send it - it does sometimes happen. No real opinion on the tree but i hope he's flexible and you get it resolved as it would benefit him too.
I agree. Lots of folks don't get an original email. Put "2nd Request" from XXXX" in the subject/title box. Keep both in your saved emails file.
Just adding my opinion here, email is no way to handle it. Either use the telephone or if you want something more official then send a letter via certified mail.
You can't enter somebody's property no matter what your excuse. It's better to get your request on record, e.g. by notifying them by certified mail. That's your supporting evidence if the matter goes to court.
And by all means get the advice of your insurance company.
I would not have started with the emails in the first place. Either just go over there nicely tell him you're going to have some tree work done, or send him a letter in the mail. No one can really prove that another received and read an e-mail, but you can prove they got a certified letter although I would not start with that either. it's a little over the top to start your journey with thought thought of disaster assailing you at every step.
Insurance people are not experts on the Law, and I really can't believe that a neighbor can deny access for necessary work done to repair common property or to prevent damage, loss or injury from something that is considered dangerous.
Instead of going with the "if it's okay w/ you" scenario, I think I would have worded the letter with "Tree work to prevent further damage to the common wall will commence on XYZ day at 10:00 a.m. Please give me a call and I'll fill you in on the details." and not assume that the other party will even object in the first place.
Ok, you all make some good points. I think a certified letter is the way to go. I just need to know what to say. KonaKat, I like your approach and I should have just said the work needs to be done matter of factly and not asked permission. My bad. Mistake on my part and set me up in a weak position. I should have consulted with all of you first.
I was thinking that for all I know perhaps he blocked my email address so there is a chance he never even got it. Or maybe it went to spam. An email really isn't a legal document anyway, right? AHHHHHHHHH! There is just so much in my head now. I have to deal with the trees and the gazebo and wall and I started packing stuff to move then realized I have no place to go so I have all this stuff packed up that I don't want to unpack, etc.
I try not to listen to any news as there is no good news and I try not to think about jobs, unemployment, the future, etc as everything looks so bleak and sometimes I just feel overwhelmed even though I feel like an ostrich. IOW, I am trying to only tend to what is in front of me yet I know in the back of my mind that I am avoiding all these other things that at some point I can't.
So for right now I'll try to prioritize and that means making a list I guess and trying to keep track of what must get done.
I really appreciate all the great suggestions in this thread.
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