Ask the Law Guy

There were two trees side by side one on our property the other on our neighbour's property. Our neighbour is suing us for damages to his concrete pavement that he says was caused by the roots from our tree. We say that there is no way to tell which of the two trees caused the small crack that he is worried about. Also we know that concrete can crack just from the earth shifting. He wants us to hand over $2500.00 to repair the crack. What would a judge say?

Another tree question! I get a lot of these. The first issue is causation. The law does not make you responsible for the damage if your tree did not cause it. If the damage was because of your neighbor's tree or the shifting earth, you would not have to pay.

The second issue is a landowner's responsibility for conditions on the that pose a hazard to adjoining landowners. In many jurisdictions a landowner must use reasonable care to correct hazards that he knew of or should have known of. A landowner who is aware of a leaning, rotten or otherwise unsound tree is obligated to remove it.

The general rule in many U.S. jurisdictions is that a landowner is not responsible for intrusions by branches, roots, or falling leaves. However that is not the rule everywhere. In an English case the court said:

In our opinion it must be taken to be established law that if trees encroach, whether by branches or roots and cause damage, an action for nuisance will lie against the owner of the land on whose property the trees stood.

Unless the tree is a species with especially intrusive roots, I think a judge would rule in your favor.

I own a home that is within city limits. It is about 100 yards from an old manufacturing plant that is being renovated as living space. The town water system runs at about 300 psi and each house has a valve that reduces the pressure. The town killed the lines to the plant to dig which caused extreme pressure in the lines of several homes. This resulted in busted pipes. The town manager says the pipes were old as are many pipes in the town and if he paid for repairs he would set a precedent. My thought is the town should cover the repairs and issue a statement saying they are not responsible for damages due to water maintenance from here on out.

This can be a tricky question. The case turns on whether the pressure spike was something the water department had a responsibility to prevent or a normal part of the operation that your plumbing is supposed to withstand. If the town was negligent in allowing the pressure to spike the town could be responsible for fixing your pipes. Sometimes governments take advantage of "sovereign immunity" that bars suing government entities for government for money damages, if that applies you may be out of luck.

Hi, I have a traffic ticket question. Here's the story. I live in North Carolina and I have been pulled over 3 times by the same state trooper. The first time I was pulled by him, was for tinted windows. The second time was for a few miles over the speed limit. He just gave me a warning for speeding. That time I was riding with my windows down and he remembered me from the first time he pulled me over. The trooper had me roll my window up to see if I had the tint taken off, it wasn't off. So he gave me a ticket for that again. Then this last time, I was on a main road when he passed me and turned around. He followed me all the way to where I was going, about 3 or 4 miles then pulled me again. I had my windows down the whole time and when he came to my truck he didn't give any reason for pulling me. He asked me for my license and registration, then asked if I had my tint fixed. Well, no they weren't, so I got another ticket. The reason I am asking is for one, I have a black dodge with writing on the top of the windshield. It's not the only one in town like it or any thing. For two, the last two times he pulled me my windows were down, plus this last he gave no reason for pulling me. So would this be considered as harassment? I know I could solve my problems by taking it off, but no other trooper, city or town cops every say any thing about it.

Sometimes the best service a lawyer can provide to a client is "stop being a damn fool." This is one of those times. Get the tint fixed and stop blaming the trooper for doing his job.

I own a mobile home park in which I lease lots to people to park their own trailers. The park has a number of trees in close proximity to the trailer lots, and there are several trees immediately behind the park on land belonging to another party. Recently, a tornado force windstorm (80 plus miles per hour) went through the park, blowing down trees (some of mine and some belonging to the land behind my park), causing damage to some of the trailers. My renters did not have insurance on their trailers. Do I have any liability? The lease agreement the renters signed says that they are responsible for maintaining the lots and the plantings thereon.

I hope that I shall never see, a thing as litigious as a fallen tree. I get lots of questions about trees falling over the property line or damaging someone's property. A landowner is only responsible for damages to others that result from his failure to take reasonable care (negligence). A landowner who knowing fails to remove a diseased or dangerous tree from his property could be held responsible if the tree falls and damages someone's property. Healthy trees do not generally pose a hazard to neighbors or others on the property.

For example, suppose Larry allowed a dead tree to remain standing on his property until insects and rot left it teetering. It is obvious that the tree is dangerous. When the tree falls and crushes his neighbor's car, the neighbor could probably sue Larry and win. If the tree was healthy but blew down in a windstorm, Larry probably would win. As a business owner, you have a responsibility to maintain your premises free from hazards that you know of, or with reasonable inspection could have discovered. This means you probably have a duty to inspect your property at reasonable intervals and correct any hazardous conditions you discover. You may not be able to pass along this responsibilty to tenants. Healthy trees on your property that blew down in a windstorm probably would not be considered a hazard that you were required to remove.

My son who is now 17 years old quit school. He just couldn't seem to handle the pressures of a large school. We live in NC so he had to surrender his license. He has gotten a full time job even started a successful business on the side on his own. My question is he was ticketed for driving while license revoked. What is the penalty and is there anyway that he can get his license if he proves he is working and self sufficient. We don't give him any money. He makes his own. I know that he shouldn't of quit school but he is otherwise a very smart guy, hard worker, and will decide someday to return to get his GED or diploma. What happens to him now?

Your son needs to enroll in a program to get a diploma. He also should not drive until he is licensed. A conviction for driving without a license results in suspension of license eligibility for 1 year from the date of conviction. Your son should hire a lawyer immediately to see if the lawyer can negotiate a plea bargain that could avoid a conviction. Your son cannot handle this on his own.

My mother has not paid on her Capitol One card for over a year; she owes around $4000, but due to her not paying the monthly payments, the bill has reached close to $7000. I've written Capitol One and the various collection agencies explaining that my mother is in poor health, suffers from dementia (all documented by doctors) and is destitute; I've attached letters from her oncologist and primary care physician. The collection agencies continue to call; she has managed to pay all of her other bills. Please understand she only collects approximately $600 per month and does not depend on the government and taxpayers to pay her way; she buys her own supplemental health insurance to pay what Medicare AB does not cover. She doesn't have any savings accounts or money set aside. My mother insists that she has insurance to pay in case she becomes ill. She has another Capitol One card (Visa/Gold) that she has been using for many years. She pays a monthly payment for insurance. I have filed papers and the insuror is dragging its feet. In the meantime, Capitol One has put this account into the hands of a collection agency (she owes around $1,000) and we have been making monthly payments. They are calling me even though my name is not on my mother's account. I agreed to take their calls because my mother can no longer take their calls. I explained that the insurance co. wants me to have a doctor sign another form and list the date she became disabled. The collection agency asked me to agree to pay the amount due if the insuror fails to pay. I told them no way; they told me things could "get hairy". I responsed by saying I could take whatever they threw my way, but to leave my mother alone. My question is this? What recourse should I take? Should I contact an attorney? I refuse to pay a card that she carries insurance on. Any advice you can give me will be greatly appreciated.

You should not agree to pay the creditor for your mother's bills, unless you feel an obligation to pay her debt and are financially able to. It sounds as if your mother might have a purchased insurance to pay creditors in the event of her disability. If there is such a policy, it might be required to pay the creditors. As for things "getting hairy," it sounds as though things are already bad for your mom. Capitol One is the least of her problems. I suggest you contact each creditor in writing, explain your mother's situation, include any documentation you have and politely but firmly insist that they not contact you or your mother about the balance again. They will probably stop calling you but keep trying to call your mother. The worst the creditors can do is sue your mother for the balance and get a judgment against her. It is very unlikely that her income could be garnished or attached to pay. It is a fundamental truth that you cannot collect money from someone who has no money, but the creditors will attempt to get whatever they can.

You could consider a Chapter 7 bankruptcy for your mother. That would bar all collection attempts and would discharge the debts. Depending on where you live, attorney fees and costs for a Chapter 7 bankruptcy could run $1,000 to $2000.


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