Two questions

[chaparral66]

Hi All,

I have two questions regarding a house we purchased in March of 2005.

1. We recently discovered a pretty good roof leak. During a recent storm I cut a whole in the ceiling in an attempt to determine the source of the leak. I discovered the ceiling had two layers of sheet rock, the topmost layer being completely deteriorated from water damage. Seems the leak had been going on for some time and one of the previous owners covered it up by installing a new ceiling. Do I have any recourse?

2. Our neighbors have two large (approx. 40ft) evergreen trees which were planted 2-3 feet from the fence. They've now overgrown the fence so much that they are beginning to block my driveway, and hang onto my garage. I've asked them to trim their trees, but their response was basically "YOU may trim them, but don't trim them past the property line, or you'll be in trouble". I have no desire to undertake to trim their trees. Is there anything I can do?

Thank you all.

 

[Michael Wechsler]

(1) I don't know the laws specific to your state. You should have had an inspector examine the roof and you should look at that agreement. Typically in contracts of sale there are provisions specifically pertaining to the roof and usually once you've bought it, it's yours. If you're telling me that the prior owner concealed a known defect in the house that would evade detection and certified to you that there was never a problem, perhaps there is a case. But can you prove this? It took years until this problem became apparent so I'm not very keen on such an argument.

(2) This is a common problem. It's the responsibility of the neighbor to trim his trees but you also need to check whether the tree is on city property (this is sometimes the case.) If it were me, I'd send him a notice that I've asked politely for the neighbor to trim his trees, which are extending onto your property and blocking your driveway. If he doesn't perform this reasonable action quickly, you'll be forced to do it yourself and bill him for any costs and also not be liable for any work you've done as a result of his failure to meet his duty with regard to his trees on his property. You may also need to enter his property in order to do the job properly and prevent this problem from reoccurring quickly. I'd send that letter via certified mail and try to keep it civil, logical, and reasonable. Most won't balk at the logic and law that should help you.

As a note, my answer is based on common law of property law. It is a self-help remedy so long as you don't injure the tree - which is also considered "property" - and you shouldn't trespass on his property to cut it. But my thought on the arborist - if you cut the branches on one side and the tree topples over... you've got problems.

Good luck and let us know what happens...

 

[chaparral66]

lawprofessor,

Thank you for your very informative response. Sorry, but I should have stated I live in Crest Hill, Illinois.

On point #1, we did have an inspection, and unfortunately, this problem with the dormer flashing was completely missed. I've since had the problem looked at, and it took all of 30 seconds for the contractor to see (from the ground) the flashing is installed incorrectly, and will certainly leak. Yes, I believe the problem was hidden. Unfortunately, I too believe I'm chasing my tail at this point, as far as trying to prove the problem was hidden, when it was done, and by whom. Oh well, I can only hope something bad will happen to whomever did this.

On point #2, I did send them a note and their response is what I posted. Basically "Go fly a kite". The trees are in their yard, which directly adjoins my property, so no city property is involved. I would like to get them to do the work, or hire someone to do it, for the very reason you brought up - liability if something goes wrong. I believe I will have the police try to talk to them.

I appreciate your response. Thanks again.