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Helco came by today and told me their is NOTHING they can do about the absent neighbors overhanging
Albezias. A lawyer told me the same thing. The association told me the same thing. I have contacted the neighbor with three Fed Ex's over the course of a year, all with no response. The tree branches are threathening and it is an EXPENSIVE job to fell themover the power lines. I am forced to move. The HELCO guy felt bad for me and others, but he said it will take a tragedy for the county/state to finially do something. Beware above.
howard
howard
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Get a new lawyer. One of my client has been in the same situation before, our attorney sent a registered letter to the neighbor with a deadline to cut the tree. It's encroachment. The neighbor didn't do anything so the client had the tree cut and went to Small Claims Court to collect. The neighbor didn't show up, so he got a judgment by default. He recorded the judgement as a lien against the neighbor's property. He eventually will get paid.
Aloha,
John S. Rabi, ABR,CM,CRB,FHS,RB
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"
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forced to move? Why?
Are you thinking if you build your home and the next wind storm causing you power outage to last months before helco comes out to restring the wire?
Hmmm.... Get a generator or go solar. I thought helco whenever they plant poles or run power lines they get a 10' easement? Is this right? If so then they could do something if they wanted to do it.
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i had same issue and finially paid and had trees cut myself.. yes expensive, but peace of mind worth it. it isnt helcos issue until power goes then they will come trim and reestablish power. why not give the small claims court a try if you have proof you sent the neighbors notice? i wouldnt have thought they would get a judgement as there is no loss yet, but if one of rabi clients did it is worth a try. i dont see any reason for an attorney to write the letter if you have already done so.I also notice you used the word "fell" instead of "trim" if you remove your neighbors trees you could be the one sued so be very careful here.
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I have seen Helco come trim back the fronds of my coconut trees. The only reason I think they would do that and not the albizias is that it only took them a few seconds to do so, versus a major operation for the albizias...
Time is an illusion, but a handy one. Without it, we would not be able to hear sounds, and without that ability, we would have no music.
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HELCO has notified us recently that they are going to remove one of our coconut trees that they feel will eventually interfere with the power line. Sounds like they cut down what they feel like when they actually want to.
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From my understanding, HELCO has to send someone to cut or trim trees that may cause damage to the power lines. Anyone can call with a concern and they MUST adhere to them. They can either send someone in through HELCO or go with a Tree Trimming Company that are able to assist in this matter. Wether it is a neighbors tree or your own, they are obligated due to safety issues.
I would definitly make it a point to remind them that it is a safety issue and that if the trees should fall onto the lines, they would be at fault for neglecting the powerlines.
The reason why I say these things is because there was an issue about vines and tress that were overgrown in Pahoa Town. Although it was within the residential area of the Town, HELCO took care of the problem and trimmed the trees and vines back to clear the powerlines.
Hope this might help!!
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quote:
i wouldnt have thought they would get a judgement as there is no loss yet, but if one of rabi clients did it is worth a try.
lquade, my client got the judgment for the cost of cutting the encroaching tree and not for damages.
Aloha,
John S. Rabi, ABR,CM,CRB,FHS,RB
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"
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Some times a letter from a lawyer can arouse fear of going to court, even if the underlying basis for a lawsuit is debatable. So, a lawyer's letter might accomplish more than your own. It proves that you are willing to incure legal expenses, and may make the neighbor think that a tree trimming service is cheaper than a lawyer of his own. [Full disclosure, I am a lawyer, but I am not licensed to practice in Hawaii and this is practical, not legal advice.]
Aloha,
Rob L
Aloha,
Rob L
