Anyone here a property damage attorney?

[airplanemechanic]

I was wondering if we could get some help with this.

My grandfather recently passed away. Shortly after his death, his neighbor came to us claiming that my grandfathers trees were damaging his driveway. We were able to show with Google Street view images going back to 2008 that this damage has been there almost 10 years, so the 1 year limit on property damage in Louisiana has expired. However, he got a lawyer and sent a letter of request to our family discussing the problem and a 2nd letter making monetary demands. In the meantime, we got an offer on the lot and sold it. It's no longer our property. No lawsuit was ever filed while we owned it. I am telling everyone that since it's not our property and no official lawsuit was ever filed, we are absolved of any responsibility for this. We can't go on the property anymore and cut trees, cut roots, etc to solve the problem as the trees are no longer ours to cut. The "lawyer friend" our family is using is saying that selling the property makes no difference to our liability. I think that's wrong. Can you help us? Thanks!!!

 

[bgrouse]

I was wondering if we could get some help with this.

My grandfather recently passed away. Shortly after his death, his neighbor came to us claiming that my grandfathers trees were damaging his driveway. We were able to show with Google Street view images going back to 2008 that this damage has been there almost 10 years, so the 1 year limit on property damage in Louisiana has expired. However, he got a lawyer and sent a letter of request to our family discussing the problem and a 2nd letter making monetary demands. In the meantime, we got an offer on the lot and sold it. It's no longer our property. No lawsuit was ever filed while we owned it. I am telling everyone that since it's not our property and no official lawsuit was ever filed, we are absolved of any responsibility for this. We can't go on the property anymore and cut trees, cut roots, etc to solve the problem as the trees are no longer ours to cut. The "lawyer friend" our family is using is saying that selling the property makes no difference to our liability. I think that's wrong. Can you help us? Thanks!!!

If I crash a car into your house and then sell the car, you can't sue me for property damage?

 

[emilynghiem]

I was wondering if we could get some help with this.

My grandfather recently passed away. Shortly after his death, his neighbor came to us claiming that my grandfathers trees were damaging his driveway. We were able to show with Google Street view images going back to 2008 that this damage has been there almost 10 years, so the 1 year limit on property damage in Louisiana has expired. However, he got a lawyer and sent a letter of request to our family discussing the problem and a 2nd letter making monetary demands. In the meantime, we got an offer on the lot and sold it. It's no longer our property. No lawsuit was ever filed while we owned it. I am telling everyone that since it's not our property and no official lawsuit was ever filed, we are absolved of any responsibility for this. We can't go on the property anymore and cut trees, cut roots, etc to solve the problem as the trees are no longer ours to cut. The "lawyer friend" our family is using is saying that selling the property makes no difference to our liability. I think that's wrong. Can you help us? Thanks!!!

It depends on the state,
but you can ask if "recurring or ongoing" damage counts starting with the LATEST INCIDENT DATE
for calculating the statute of limitations.

Can you call your local state bar and ask for a probono reference?
Or go to a nearby law school or clinic and ask for probono help.

If they haven't filed a lawsuit, ask legal help to request and set up mediation
or arbitration, whichever is cheaper, or free if you can find a nonprofit service
to help that all parties agree to use.

 

[airplanemechanic]

I was wondering if we could get some help with this.

My grandfather recently passed away. Shortly after his death, his neighbor came to us claiming that my grandfathers trees were damaging his driveway. We were able to show with Google Street view images going back to 2008 that this damage has been there almost 10 years, so the 1 year limit on property damage in Louisiana has expired. However, he got a lawyer and sent a letter of request to our family discussing the problem and a 2nd letter making monetary demands. In the meantime, we got an offer on the lot and sold it. It's no longer our property. No lawsuit was ever filed while we owned it. I am telling everyone that since it's not our property and no official lawsuit was ever filed, we are absolved of any responsibility for this. We can't go on the property anymore and cut trees, cut roots, etc to solve the problem as the trees are no longer ours to cut. The "lawyer friend" our family is using is saying that selling the property makes no difference to our liability. I think that's wrong. Can you help us? Thanks!!!

If I crash a car into your house and then sell the car, you can't sue me for property damage?

Not that simple. We didn't own the property when the driveway was damaged. We inherited it from my deceased grandfather earlier this year. So if I didn't own the home that you crashed into and then later bought it, no I can't sue you.

 

[airplanemechanic]

And also, crashing a car into a house is direct fault. A tree root from a tree planted 50 years ago and the neighbor pouring a driveway over the top of it on his property is not our fault.

 

[Natural Citizen]

For the moment, send a cease and desist and see what they do would be my advice.

Also contact google for the photo and geographical and date info. I believe that they're required to give it to you by their own terms of service so long as it's a lawful request by a legal representative.

 

[airplanemechanic]

Oh we already have it and printed it. It shows the driveway damaged all way back until at least 2008.

A cease and desist is interesting. They aren't doing anything illegal so what would we tell them to cease doing?

 

[Pop23]

I was wondering if we could get some help with this.

My grandfather recently passed away. Shortly after his death, his neighbor came to us claiming that my grandfathers trees were damaging his driveway. We were able to show with Google Street view images going back to 2008 that this damage has been there almost 10 years, so the 1 year limit on property damage in Louisiana has expired. However, he got a lawyer and sent a letter of request to our family discussing the problem and a 2nd letter making monetary demands. In the meantime, we got an offer on the lot and sold it. It's no longer our property. No lawsuit was ever filed while we owned it. I am telling everyone that since it's not our property and no official lawsuit was ever filed, we are absolved of any responsibility for this. We can't go on the property anymore and cut trees, cut roots, etc to solve the problem as the trees are no longer ours to cut. The "lawyer friend" our family is using is saying that selling the property makes no difference to our liability. I think that's wrong. Can you help us? Thanks!!!

Have you spoken to the Insurance company that insured the property while your parents owned it? They may be of some help, at least in the area of tree damage. Hell, they may still cover it. You'll only know if you ask. And that never hurts

 

[bgrouse]

I was wondering if we could get some help with this.

My grandfather recently passed away. Shortly after his death, his neighbor came to us claiming that my grandfathers trees were damaging his driveway. We were able to show with Google Street view images going back to 2008 that this damage has been there almost 10 years, so the 1 year limit on property damage in Louisiana has expired. However, he got a lawyer and sent a letter of request to our family discussing the problem and a 2nd letter making monetary demands. In the meantime, we got an offer on the lot and sold it. It's no longer our property. No lawsuit was ever filed while we owned it. I am telling everyone that since it's not our property and no official lawsuit was ever filed, we are absolved of any responsibility for this. We can't go on the property anymore and cut trees, cut roots, etc to solve the problem as the trees are no longer ours to cut. The "lawyer friend" our family is using is saying that selling the property makes no difference to our liability. I think that's wrong. Can you help us? Thanks!!!

If I crash a car into your house and then sell the car, you can't sue me for property damage?

Not that simple. We didn't own the property when the driveway was damaged. We inherited it from my deceased grandfather earlier this year. So if I didn't own the home that you crashed into and then later bought it, no I can't sue you.

Any obligations should pass to the estate.

What if the person at fault for my accident is deceased? | Serving Houston, TX and Lafayette, LA | LaGarde Law Firm, P.C.

Consider an example. A drunk driver collided with you and died in the crash. As the intoxicated driver was at fault for the accident, he is responsible for the injuries and damages you suffered whether or not he survives. You can still obtain compensation through a personal injury suit, but the legal process will be different.

 

[airplanemechanic]

Any obligations should pass to the estate.

What if the person at fault for my accident is deceased? | Serving Houston, TX and Lafayette, LA | LaGarde Law Firm, P.C.

Consider an example. A drunk driver collided with you and died in the crash. As the intoxicated driver was at fault for the accident, he is responsible for the injuries and damages you suffered whether or not he survives. You can still obtain compensation through a personal injury suit, but the legal process will be different.

What you linked to is great, but the monkey wrench is that we have sold the property. It's no longer ours. The trees aren't ours, the fence isn't ours, it's all gone. The estate is dissolved, my grandfather is officially gone.

 

[bgrouse]

Any obligations should pass to the estate.

What if the person at fault for my accident is deceased? | Serving Houston, TX and Lafayette, LA | LaGarde Law Firm, P.C.

Consider an example. A drunk driver collided with you and died in the crash. As the intoxicated driver was at fault for the accident, he is responsible for the injuries and damages you suffered whether or not he survives. You can still obtain compensation through a personal injury suit, but the legal process will be different.

What you linked to is great, but the monkey wrench is that we have sold the property. It's no longer ours. The trees aren't ours, the fence isn't ours, it's all gone. The estate is dissolved, my grandfather is officially gone.

So you kept all the money from the estate sale when a portion should have gone to the injured party. I think your only hope is if their lawyer screws up and doesn't file paperwork timely.

 

[airplanemechanic]

Why should a portion go to the injured party? There was never a lawsuit filed. No judge has ruled our family owes this man anything.

There is also a law in Louisiana that states that damage can't be more than 12 months old to collect. His driveway was damaged for at least 9 years. So he's out as far as that is concerned. If he cared that much about his driveway, why wait 9 years? Why wait until the property owner is dead and his family is having to deal with this?

 

[Pop23]

Any obligations should pass to the estate.

What if the person at fault for my accident is deceased? | Serving Houston, TX and Lafayette, LA | LaGarde Law Firm, P.C.

Consider an example. A drunk driver collided with you and died in the crash. As the intoxicated driver was at fault for the accident, he is responsible for the injuries and damages you suffered whether or not he survives. You can still obtain compensation through a personal injury suit, but the legal process will be different.

What you linked to is great, but the monkey wrench is that we have sold the property. It's no longer ours. The trees aren't ours, the fence isn't ours, it's all gone. The estate is dissolved, my grandfather is officially gone.

So you kept all the money from the estate sale when a portion should have gone to the injured party. I think your only hope is if their lawyer screws up and doesn't file paperwork timely.

The injured party knew about this for many years. My take is he didn’t want to confront a good neighbor and waited till he died, then took a shot at getting some cash.

 

[bgrouse]

Why should a portion go to the injured party? There was never a lawsuit filed. No judge has ruled our family owes this man anything.

No, but that's what could happen if/when he sues, if he wins.

There is also a law in Louisiana that states that damage can't be more than 12 months old to collect. His driveway was damaged for at least 9 years. So he's out as far as that is concerned. If he cared that much about his driveway, why wait 9 years? Why wait until the property owner is dead and his family is having to deal with this?

Those are different grounds on which you may be able to challenge the claim, if it goes that far and if that is indeed the law. You may have to subpoena Google to get an admissible document showing when the damage occurred.

 

[jon_berzerk]

the neighbor should have contested the will at the time of death notice

 

[bgrouse]

the neighbor should have contested the will at the time of death notice

I think his best bet is waiting for the other party to drop it. I doubt he'll hire a lawyer to after this. It doesn't sound too expensive.

 

[Muhammed]

I was wondering if we could get some help with this.

My grandfather recently passed away. Shortly after his death, his neighbor came to us claiming that my grandfathers trees were damaging his driveway. We were able to show with Google Street view images going back to 2008 that this damage has been there almost 10 years, so the 1 year limit on property damage in Louisiana has expired. However, he got a lawyer and sent a letter of request to our family discussing the problem and a 2nd letter making monetary demands. In the meantime, we got an offer on the lot and sold it. It's no longer our property. No lawsuit was ever filed while we owned it. I am telling everyone that since it's not our property and no official lawsuit was ever filed, we are absolved of any responsibility for this. We can't go on the property anymore and cut trees, cut roots, etc to solve the problem as the trees are no longer ours to cut. The "lawyer friend" our family is using is saying that selling the property makes no difference to our liability. I think that's wrong. Can you help us? Thanks!!!

Tell him to sue the fuckin' tree.