Tom Olsen, Bill, Rob Solomon discussed on Live Abundant
The? Backyard Neighbor's yard over the school pool Clear in the past that Is. Their liability whatever they like but I'm just wondering if it's an God They. Take down my top of their screaming pool Okay so I have a. Sort of a different way of approaching that problem then. I guess how how you've discussed it with Tom so the the first thing that I would say about it is they are they essentially own those limbs under. Normal circumstances as they cross over the property line and so they have every right to take them down as they crossed, the property line not to go on your property not so they could take, them down and but that would be their decision their. Responsibility, and they would have to pay for it now the, only exception is one that may be applicable here. Which is you need to not do negligent things and so while we have a decided case of law that, they would have the right to take those down. Your tree is posing a hazard to their property and so we're going to get a, kind of clash of different theories going on here which is, that if you're being negligent and somebody gets hurt or somebody gets damage when you would have some pretty good reason to To know that this was. A high risk then as far as I'm concerned you would be taking a risk that somebody would ultimately think that you were negligent and try to to get. You to pay for damages now you're gonna defend by saying well he could've taken them down he owned them do I, want to be in that lawsuit in the first place I don't think I, do so I think that caution in that situation is. Merited, and I would be working with my neighbor to come, up with some kind of solution to make sure. That you don't find yourself in the later on as a defendant in negligence lawsuit take Rick for your phone, call my name is rob Solomon of sitting in. For Tom Olsen today you can get on board at eight four four two two zero, nine six five all right let's talk next to bowl Bill, Bill excuse me my eyesight needs some interventions as well what's up Bill This is. Bill Yup. I bought. A house about five years ago at. A home inspector The realtor and. I'm just finding out that my house had poly pipes so leaks, Foley to the, house I did have the pipes chest replaced did find out that essentially he thinks, credit big mold event my bathroom at twenty five. Thousand dollars damage am working playing shirts but don't have any recourse against my own inspector so festival? Who. Pay. Who paid for the home inspection without your. Responsibility who who, who arranged that I okay so we have, a couple of issues here first of all if you look at a, home inspection contract it is full of small print enough to make a lawyer's is giddy and so make sure you look at it carefully because there are. Numerous. Exceptions to what they are required to inspect and inform you of So that's going to be the first thing and I think you you will find that there's. An awful lot that they they exempt self from that wouldn't be obvious on a first sighting so yeah they can see a broken window yes they can see places where waters enter but they, may not, see things that are behind walls or things like that so, that's number one and number two. We have the issue the statute of limitations of course this happened, quite a while, ago on the other hand the way statute of limitations work is they don't start, to run when you have a situation that you. Just recently discovered that you couldn't have discovered earlier so maybe that's applicable and that may in may? Keep. That. Claim alive so I'm not going to leap. In and say, that I'm sure that you have a cause, of action here I just know you have a couple of hurdles to. Overcome those hurdles are the ones that I just mentioned an important for you to before you decide and you can always contact an attorney An attorney probably deals with with you know mold issues is probably the way to go so please do. That and start where I indicated you should start this is rob Solomon under the Olsen on law radio show sitting in for Tom Olsen right here on WDBO news ninety.