Tree on property boundary
Location: Indiana urban area
Neighbor is threatening to sue:
Tree trunk on relatives (A) side
Tree limb fell on their neighbor’s (B) side damaging fence and electrical wiring.
Neighbors B insurance deductible too high to cover anything. Neighbor B wants to sue A for all damages including lost work and food (from electricity going out and needing to be home for repairs).
A’s insurance investigated and documented high winds in the specific vicinity, looked at the picture of the limb with green leaves, and stated A had no liability it was an act of nature.
B said multiple times the tree was a “bad tree” and states there was “historical documented evidence”(none has been presented or was known to A). Certified arborist came and said to A the tree in question was healthy and did not need to come down but that a couple of other trees needed to come down. Prior trimming/review by an arborist was 3 years prior to that when other trimming and tree was removed.
The morning the arborist came to take trees down he called A to say that B told him the roots of the tree in question being above ground were a problem. Arborist told A that B was threatening to take the roots out and he could take tree down now or possibly come back later at a double cost. B was not reachable within the time frame so it was decided to take the healthy tree down - the one that B had said repeatedly was a “bad tree”.
A made an offer to generously share in part of the bills. When the healthy tree came down A said that would impact what they are willing to pay. B says no I agreed you did not need to take the tree down, you must pay the original offer or I will sue for 4x the amount (adding all the expenses). The total offer was originally $1500 and A thinks should now be $900 (reducing for 1/2 of the tree cost). B has received benefit by no longer needing to worry about bad tree or future damage thus A thinks offer (which was voluntary) should be reduced.
We don’t think A has any liability. Suing in small claims is likely otherwise. Unknown what B would present as evidence for historical documentation.
Comments?
(Original post from Legal did not allow photos and could not add to cross post. Please advise id this is not the way…)