Legal Eaze #5 Tree Roof Damage/ Sick Puppy

Originally Printed: September 1, 2004

Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She moved to Tehachapi in June 2003 and resides in Alpine Forest. She operates her law practice from her home office and also has a satellite office in Lancaster. She will answer legal questions posed to her by the readers, to the best of her abilities.

Q. My neighbor has a tree with large branches overhanging my roof. In the past, some of these branches have caused damage to my roof on windy days. I have asked my neighbor to do something about his tree, but he refuses to do anything. What can I do?
A. You have the right to abate this nuisance by cutting off the offending branches. However, you cannot cut off more than necessary and you must be careful not to cause an imbalance that will eventually cause the tree to die or to fall down to the other side. Obviously, it would be to your neighbor’s advantage to cooperate in hiring a professional to deal with the tree. I would suggest that you contact an attorney to write a strong letter to your neighbor and make him aware of his liability for the damage caused to your roof and to reach a consensus as to how the offending branches should be removed. The cost of hiring a tree professional should be borne by the owner of the tree.
Q. I purchased a cute puppy from a pet store. Two weeks later, it was diagnosed with Parvo disease. I was expensive to save the puppy’s life. What should I do?
A. If a licensed veterinarian has made a written diagnosis within 15 days after the dog was purchased to the effect that the dog became ill due to any pre-existing illness or disease, you may return the dog to the store for a refund of the purchase price and reimbursement of reasonable veterinary fees for diagnosis and treatment in an amount not to exceed the original purchase price. As an alternative, you may get another dog of your choice and of equal value, plus reimbursement of the veterinary fees. If you choose to keep the dog, you can still be reimbursed for reasonable veterinary fees in an amount not to exceed 150% of the original purchase price of the dog. Lastly, if the dog dies as a result of the same illness or disease, regardless of the date of its death, obtain a refund for the purchase price, or a replacement dog of equivalent value and reimbursement for veterinary fees in an amount not to exceed the purchase price of the dog. The same goes for a dog with a congenital or hereditary condition diagnosed by a veterinarian to suffer or have died from this condition within one year of its purchase.
Forward questions to maxinedev@msn.com , drop questions at the Tehachapi News, located at 411 N. Mill St., or send them to POB 1840, Tehachapi, CA 93581