As someone who joined with a neighbor to pay a bunch of money to have a huge tree removed from a similar location, I've done a wee bit of research, but most of it's stuff I grabbed off the internets.
Property owners are pretty much responsible for the limbs growing over their own properties. The original owner doesn't have any responsibility for those, unless the whole tree falls as a result of negligence. Just as the "air rights" owner has a right to trim any branches over the property, there would also be a corresponding responsibility to keep the limbs from doing damage. You can't hold your neighbor responsible for something you could very well fix yourself, especially since your neighbor would need your permission to proceed.
As to the bill, you probably don't have a contract. The only offer made was to cut down your branches. No mention was made of consideration. It's like me shoveling your driveway without your knowledge and then asking for $100. He qualifies as a bad businessman, if nothing else. But the work is related to his profession, so one might be able to make the argument that you were engaging him the same way you would engage a plumber, often not talking cost until after.
Legal obligation aside, you may want to pay him something, letting him know he did not discuss the circumstances or rates or anything other than cutting down the branches. You gave him permission to proceed and you were aware that the services offered were related to his profession. It's something that you would probably have to do in the future.
Or just call Judge Judy, since this is a good case for her (assuming you have some dimwitted relatives you can bring along to testify).
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Date: 2008-09-10 01:56 am (UTC)Property owners are pretty much responsible for the limbs growing over their own properties. The original owner doesn't have any responsibility for those, unless the whole tree falls as a result of negligence. Just as the "air rights" owner has a right to trim any branches over the property, there would also be a corresponding responsibility to keep the limbs from doing damage. You can't hold your neighbor responsible for something you could very well fix yourself, especially since your neighbor would need your permission to proceed.
As to the bill, you probably don't have a contract. The only offer made was to cut down your branches. No mention was made of consideration. It's like me shoveling your driveway without your knowledge and then asking for $100. He qualifies as a bad businessman, if nothing else. But the work is related to his profession, so one might be able to make the argument that you were engaging him the same way you would engage a plumber, often not talking cost until after.
Legal obligation aside, you may want to pay him something, letting him know he did not discuss the circumstances or rates or anything other than cutting down the branches. You gave him permission to proceed and you were aware that the services offered were related to his profession. It's something that you would probably have to do in the future.
Or just call Judge Judy, since this is a good case for her (assuming you have some dimwitted relatives you can bring along to testify).