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 Veteran
Posts: 141
 
Location: College Station, TX | Well there's a long story leading up to this but I'm just going to skip all that so you don't get bored.
When land was being cleared there was a SMALL amount of trash bush that was cleared on the other side of the fence line. Neighbors wanted to sue, agreed on an amount (via text) then last minute changed their minds and wanted to go through insurance.
Filed a claim with the homeowners policy, and a few months later they decide they aren't covering it.
The neighbors are now going to file suit. I have a couple questions if anyone may have some input!
1. Would the company who actually did the clearing be responsible? They had clear instructions not to cross the property line. Our insurance isn't paying because they are saying it is their responsibility, but what are the chances that holds up?
2. When I rear ended someone's car and they weren't happy with what insurance offered they sued the insurance. Would this work the same? Say the neighbors aren't happy that out insurance isn't paying, so they sue thm rather than us? From what I was initially told that was a big benefit of filing the claim in the first place, to protect us later if this were to happen.
3. Say none of the insurance companies involved pay. The neighbors have since put up a privacy fence and planted a bunch of trees thy is over the amount initially agreed upon. In court would our documentation I them agreeing to the initial amount hold up? Or do you think a judge would rule against us and require more even if they had previously agreed to less?
This has been going on for months and I'm so stressed out! Just want it over and done with! | |
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 Tough Patooty
Posts: 2615
 
Location: Sperry, OK | I have no idea, but it sounds like the company that did the clearing should be responsible. Have you gone to them with this and ask that they pay? Maybe if your neighbor sues you, you can sue them to get your losses back. I don't guess I really understand why you would care how many trees are planted on the neighbors property either, feel like I am missing part of the story to know why that is relevent.
Edited by ACEINTHEHOLE 2014-02-07 2:12 PM
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 Can You Hear Me Now?
Location: When you hit the middle of nowhere .. Keep driving | Was the property line clearly marked? I know when we did logging we had to have a survey done and the line marked. If it was and they still went over I would definitely talk with the company since it's their fault | |
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 Cute Little Imp
Posts: 2747
Location: N Texas | I think I remember your story...you were clearing your land for a new fence and the neighbor got mad that some of his precious bushes and tiny trees were now gone, so now you can see onto each others' property. You had just moved in and he was mad that there was no more "privacy" and he wanted you to pay for his new privacy fence.
Like I said in your original thread, you ARE NOT responsible for a new fence, you are only responsible for the amount it would take to return the land to the way it was (by planting new bushes/trees). Since he decided to go ahead with a fence, you only have to pay the amount that would cover the plants. He can't replace bushes with something completely different and more expensive and expect you to pay for the whole thing.
If you do go to court, take everything you possibly can, including pictures, text messages, dates you had conversations, etc.
I would say you are responsible for replacing his stuff since you own the property and hired the company, and then you would in turn have to go after the company for compensation because they ignored your instructions. I don't think the neighbor should have to deal with the company, because he had nothing to do with any of this. | |
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OT - insurance/legal question