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Legal help?

Who’s Fault is it?

So we cut 1 of our trees down, it was in our fenced yard. But some of the branches went into the neighbors yard.We asked the neighbor if he would like some woodHe said yes.So the tree got cut downHe got his share of wood, we got ours.He used his chainsaw to cut smaller chunks of wood.Well when wood was getting hauled off, My mom unexpectedly didn’t know the agreement to split wood.The fence opens to where we are able to walk in an open field.My mom told the guys to get their wood and haul it off as well. She figured she would help them by cleaning up the mess.Well the Neighbor wasn’t happy. Saying he’s going to call the cops etc. we took his wood.It was our tree....But Who was in the wrong???

14 Answers

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  • 3 months ago

    you owe him for the wood your MOM had taken from him. YOU SHOULD HAVE TOLD YOUR MOM THE AGREEMENT.

    IT'S YOUR FAULT..

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  • 3 months ago

    You should have informed your Mum about the arrangement.

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  • enn
    Lv 6
    3 months ago

    It is your mom's fault for butting in, really. You could go over and ask if you can replace the wood with a cord of firewood as a neighbor gesture. We live in an area where the road crews are tree cutting for spring, you can ask if the road crews will allow you to haul off some of the cut wood as firewood and make the time to deliver a nice gift for your neighbor.

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  • Anonymous
    3 months ago

    Give him some of "your wood" and be done with it. Somebody TRESPASSED onto his property.  That would be the peons you hired so you are responsible for what they do.  It is just wood.

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  • 3 months ago

    It's not a criminal matter so no police..  It's a civil matter. You had a verbal contract. Those are binding. So even though your mom made an honest mistake you really should try to get the guy some wood. 

    • Nuff Sed
      Lv 7
      3 months agoReport

      A gift is not a verbal contract. It is an irreversible property transfer.  Taking their wood from their property was criminal trespass and theft.

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  • A
    Lv 7
    3 months ago

    You were in the wrong for not informing mom about the agreement, your neighbor did a lot of work cutting the wood that was given to him and he got screwed out of it. you need to talk to him and find a way to make it right, he is your neighbor and it sucks to be on bad terms

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  • 3 months ago

    Legally, I think this all comes down to where the wood was located.

     If your neighbor had moved the wood (that you gave him) onto his property, then it was "his".  You gave it, he took possession, and whoever removed it from his property was trespassing.  The cops won't do anything except advise him to argue it in small claims court.  Quite petty, and a good one for Judge Judy.

    If the wood was still located on your property, then regardless of your verbal agreement (which is hard to prove) your neighbor had yet to take possession, and it was still yours. Your neighbor is out a little gas for his chainsaw.

    In either case, it was an honest mistake and you have to live next door to each other. The wood is gone.  Speak with your neighbor and see if there isn't some small gesture you can do to make up for the mistake. Really, for him the wood was a windfall....unexpected bonus which cost him nothing but his gas and labor.  Perhaps you can provide an equal amount of labor helping him do work in his yard. 

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  • 3 months ago

    oh, gee. Mom didn't know. she had no right to enter neighbor's yard/property without permission, so she was in the wrong. Just give him enough of the wood to make him happy

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  • Anonymous
    3 months ago

    The wood belongs to the owner of the tree. But you also had an agreement to divide the wood between you which has now been breached by your side.  So you are in the wrong. You should offer to return half of the wood (or as much as fell in his yard) as originally agreed.

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  • 3 months ago

    Legally the neighbour is in the wrong because it was never his wood. But morally your mom is in the wrong cause you shouldn't offer people things like that and then take it away.

    • Nuff Sed
      Lv 7
      3 months agoReport

      Legally it became his neighbor's wood the instant the gift was delivered.

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