RSR
Platinum Member
Ok, that's a valid point that one could be considered an act of God, while the other is not. I'll concede that.Apples and oranges. Not even close to an apt metaphor.
No, I wouldn’t agree because if that dog got loose and came on my property and damaged me or my property, it wouldn’t be called and Act of God and the dog’s owner wouldn’t be free of any liability for those injuries, unlike if a neighbor’s tree falls on your property. Even when that neighbor has set up those trees to fall on your property.
Here’s a more apt metaphor:
So you’d be ok with a neighbor having a loaded rifle pointed towards your house with a trip wire tied to the trigger? As long as he doesn’t pull the wire he’s not responsible for anything that happens right? If an animal happens to walk by the trip wire, you’d say that’s just a natural occurrence and an Act of God?
How is this different than digging under the roots of a tree that might eventually fall on neighbor’s building?
However, it still remains unclear how bad the roots have really been disturbed, and if it really poses a legitimate risk. The OP has made comments about prior acts of the neighbors that have rankled him. That gives me pause.
A picture would be extremely helpful to assess the situation, yet to-date has not been forthcoming, despite many requests for one.
Again, I return to my first post. The private road I am on is lined with trees, many in states of decay, which, if they come down, can obstruct the road and could hit power lines. In fact, one did just that earlier this year.
So, does serving notice to my neighbors of the potential problems on their land make me a responsible steward of the land, or a vindictive #$&#&$. I think it's the latter.
Again, as many have mentioned, if the OP is that worried, why not approach the neighbor, start a dialogue, and work out a solution together that both parties agree is mutually beneficial?
This is a great example of why lawyers are so busy and overpaid. Because, as humans, we've forgotten how to live in a society, be civil, and strive for common ground when resolving conflicts.