All Forum Posts by: Gavin Kytl
Gavin Kytl has started 1 posts and replied 2 times.
Post: What would you do in my shoes? Neighbor dispute
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Thankyou everybody for taking your time to help me! I’ll post an update here if I get a decent resolution.
Post: What would you do in my shoes? Neighbor dispute
- Posts 2
- Votes 1
Hello, I’m a somewhat new investor and could use any advice you’re willing to offer for my second house flip. Here is my current dispute with a neighbor
* My neighbors tree is damaging my property and she refuses to cut it down even if I pay and also refusing to cover any of the damage it’s caused. She is now demanding I offer a contract saying I’m liable for removing the tree if it dies in the near future after cutting its roots*
The Damage:
1) Ripping my(bordering) fence out severely.
2)Tearing up the asphalt slabs around my pool.
3) Would’ve soon dug into my pool/plumbing
I’m aware that she’s responsible for the damage and removing the trunk that’s causing damage but being new and wanting to detour any conflict, I took my contractors advice with the option to just cut the roots and put the new fence around the tree somewhat, to which my agent has now expressed concerns about the roots just coming back in the future to damage things again. My contractor brought a tree specialist who said we could cut the roots and allow the tree to live and she states she had no heads up on the plan but my contractor said he informed her. The neighbor has now demanded I offer a contract saying I’m liable for the cost of the tree if it dies and when I explain the logic of the situation, she refuses to compromise whatsoever and not realize what all I was allowing to slide by to begin with. She stated she’s not willing to help me because I am a flipper. My agent advised I give a written notice of the damage, request to remove the tree, and to pursue compensation for the damage if she continues to refuse any type of compromise.
My question:
I expect to be done with the renovation in the next few weeks and put the house on market. In my shoes would you take the time to use the city to enforce any type of removal of the tree and pursue compensation for damages? Or just put your fence around the tree to figure it out quicker but potentially causing just another problem later down the road for whoever purchases my house?