by jagd  05/09/2019  0 Page Views
0 Comments  Commercial law, litigation, contracts, IP, property law

Hi there,

I have a neigbour who out of the blue got angry about my tree uplifting their pavers in their backyard.  

They purchased and moved in early this year.  This tree (which is not big) has been there for more than 10 years.  They are suddenly claiming that it has caused damaged within the last 8 months.

I googled online and found a picture of the backyard from the real estate agent advertising campaign earlier this year and compared it to the photos they have provided me.  The state of the pavers is the same.  They were uplifted already at the time of purchasing the home.

I have not admitted to any liability however have been considerate and have offered to remove the tree and clear the roots from my side only.

They are not happy with that. They are threatening to take me to mediation of some sort.  They want me to remove their pavers and roots on their side and fix it up.  They are also trying to blame the tree for causing hairline cracks in their ceiling.  The home was built in 1960 and is run down inside and out given the price it was purchased for.

To me it sounds like they want a free renovation and trying to "milk it".  They bought the home knowing the horrible state of the backyard.  Now they want to renovate at someone else's expense.

I am standing my ground and think i have been very reasonable and kind.

Can anyone provide me with some reference to some type of law or past cases that can help me win my argument?

Assistance is appreciated.

Cheers

Jagd01