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 Message Boards » » Neighbor's tree threatens my house and property Page 1 [2], Prev  
Snewf
All American
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After a few weeks I followed up again with the lawyer and the paralegal from Whitaker & Hamer responds thusly:

"Good day,

There are no next steps. We were hired to write and send a demand letter and send you any response we may receive. We sent you that response on July 21, 2025. There are no next steps for your matter and we consider you matter complete.

Thank you and have a great day!"


My response:

"I don't consider the matter complete, but thank you for clarifying.

The circumstances seem to require that I hire legal counsel to send a second demand letter (at an additional cost). I'm willing to continue paying for legal services until the issue is resolved, but if you all consider the matter complete, I will pursue this further with another law firm.

Thank you and have a great day. "

8/11/2025 10:24:21 AM

StTexan
USA #1
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Their response seems rather odd. Can't quite describe it. It's a combination of "leave us alone", along with "you got your monies worth". To offer absolutely 0 suggestions. Clearly you didn't think it was done. Perhaps a letter is as far as they can go with it under the terms of that benefit from your job. But still seems odd to not offer additional solutions, even if those options cost additional $

So where we(TWW) at with this now? Like steps a, b, c to make you 100% satisfied?

8/11/2025 6:08:46 PM

StTexan
USA #1
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Any new updates? This was good while it lasted it seems

8/30/2025 1:57:46 AM

Snewf
All American
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I've been away on a vacation in Vegas

I'm back and resting but I'll be picking this back up soon

I am going to use the legal benefit again and pick a different law firm because that paralegal is an idiot

8/30/2025 3:11:30 PM

StTexan
USA #1
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October checkin. Anything go on during September?

10/1/2025 1:52:20 AM

StTexan
USA #1
14233 Posts
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November check in

11/4/2025 7:08:37 PM

Snewf
All American
64310 Posts
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the tree is still fuckin' there
my work life got really busy and I haven't had it in me to start this project from square one

but, I suppose, it is time to do it again

11/17/2025 10:00:09 AM

StTexan
USA #1
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OH WE BACK

11/17/2025 6:09:47 PM

Snewf
All American
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Haven't lawyered up again. The tree is leaning in an ominous way but it's leaning away from my house and looks like it will take out the neighbor's fence if it goes. Maybe this will solve itself?

3/17/2026 4:37:13 PM

StTexan
USA #1
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3/20/2026 12:31:26 AM

The Coz
Tempus Fugitive
30250 Posts
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Problematic Tree

3/21/2026 10:14:56 AM

StTexan
USA #1
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Thats right

3/22/2026 12:12:22 PM

Snewf
All American
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haha there is a person in my community whose name is precisely that

3/22/2026 1:21:50 PM

StTexan
USA #1
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i wonder what their middle name is

3/24/2026 8:10:19 PM

TreeTwista10
MAGAs4Mamdani
150704 Posts
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Precisely Robert That

4/3/2026 5:34:21 PM

CaelNCSU
All American
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My disdain for Scottsdale is totally irrational, but I suspect there are valid reasons. When I showed up there and kept asking people why they would live their I got the response "it's scottsdale". Yes but LA has a beach and is 75 degrees practically year round. It's 120 degrees right now in Scottsdale.


I seem to recall there are weird laws about this tree situation and seem to recall a story going viral but I'm too lazy to look it up myself. I think in most cases it's your problem as it falls under "act of god". But if there is documented structural issues with the true and you have it certified by an arborist if something happens they can be liable.

I am using my big expensive research token budget so the clanker can clarify:

Quote :
"
If your friend's neighbor has a visibly dead, diseased, leaning, or structurally compromised tree that could fall on your friend's home, North Carolina law gives them a powerful tool: written, documented notice. North Carolina is not a strict-liability state for fallen trees Skufca Law — meaning the tree owner is generally not automatically responsible. The default rule is that a tree falling in a storm is treated as an "act of God," and the damaged neighbor's own homeowner's insurance pays. However, once the tree's owner has actual or constructive notice that the tree is hazardous, that owner has a legal duty under North Carolina common law (Rowe v. McGee) to eliminate the danger. Failing to do so converts the next collapse from an "act of God" into negligence — exposing the owner (and their liability insurer) to financial responsibility. Building that paper trail now is the single most important thing your friend can do.
"


The case it referenced:
https://law.justia.com/cases/north-carolina/court-of-appeals/1969/6925dc181-1.html

4/29/2026 9:17:13 AM

marko
Tom Joad
73119 Posts
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Quote :
"Maybe this will solve itself?"


is America's new slogan

4/30/2026 9:22:30 PM

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