I didn't have a survey done, but when I purchased the property I was told the fence was on the property line; I have a paper showing the plot layout (like how many feet from the road my property goes to)
Hello and thank you for your question.
You bring up an excellent point. Your neighbor may try to dispute the property line. You would want a survey to show proof that the tree damaged your fence that is lawfully on your property. The only document you are missing is a survey. I have to wonder if she will even show up for the case. The other trees are also of great concern as they are clearly on her property and could fall and cause damage to your home. Unfortunately, lost wages are not recoverable. The other damages you are seeking are recoverable. I hope the information I provided has been helpful. Please feel free to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you. Thank you for using JA!
If she does try to say that the trees aren't on her property and i do not have a survey stating that the fence line is the property line, do you think the judge will automatically rule in her favor? I was just trying to avoid spending several hundred dollars for a survey, but at the same time i don't want to automatically lose just because I don't have that document. If I did get a survey done would that cost be allowed for me to ask for/reimbursed by neighbor in lawsuit?
Unfortunately the burden off proof is on the party bringing the suit and the price of the survey would not be recoverable in your damages. If she challenges the property line it is possible that the judge will dismiss the suit. I know that this was not the answer that you were hoping to receive. I apologize for being the bearer of bad news. I would like to see you prevail in this action and having a survey would show the necessary proof of the property lines. Please feel free to ask me any additional questions that you may have with regard to this matter. Thank you for using JA!
If you would be so kind as to rate my service I would be most appreciative.
I am getting a land survey and realize this amount I can not claim as damages along with my lost wages from having to miss work, however I was wondering if there would be anything else I could claim other than the cost to remove the tree and to repair the fence? Could I claim what I paid to send the certified letter that she never picked up? Or time spent attempting to contact her with no response, getting estimates for damages, etc? There were two other trees about a year ago that were hers that I paid to remove, but I don't have any receipts/proof. Also, now that she will be aware of the other negligent trees that like I said it is not a matter of "if" but "when" they will fall... do I have any control over getting those trees cut down as a preventative of future damage or claiming that against her since they are endangering my property? or would I have to wait until the trees actually fall to pursue damages?
I called sessions court to see if the lady I am taking to court has been served (this was about two weeks ago when I filed). They told me she hadn't yet and that I needed to call the sheriffs office. When I called them they told me they had tried, but she didn't answer the door. I am irate! Can she legally avoid the police to be served and if so if she continues to avoid/not answer the door what can be done? The sheriff's office acted like there wasn't anything they could do. I have requested off this Tuesday for court and if she hasn't been served the judge will not hear the case, correct?
They can only do so much if she will not answer the door. You may want to check if service by certified mail would be considered effective. http://www.pfiserves.com/rules/tennessee.htmYou may want to involve the health department.
I had already tried sending a certified letter (explaining the situation/what my insurance company suggested) to her prior to taking her to court, but she would not pick it up or sign for it so it was sent back to me. So if she just continues to avoid being served this could go on forever without resolve? I thought the whole reason to pay the fees for court costs was because partially her having to be served? So if they fail to serve her will I get those fees back?
I don't mean to come across as stupid... but what would the health department have to do with a case like this? Thank you for clarification on the certified summons :)
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).