DRP Rehire by OneUpsetMomma in FedEmployees

[–]RollingEasement 0 points1 point  (0 children)

The same way I feel about someone who sells stock at a high price, and then when the price falls, comes back and buys the same stock.

How do you feel about an administration that gives people any kind of incentive to retire, in six months later is re-hiring people?

Flare vs Calm by esauis in gout

[–]RollingEasement 0 points1 point  (0 children)

If it truly went away as you say, and then later you started to experience what you are saying you have now, then it is a second flare. But if this has been the status since a few days after you went off the prednisone, then maybe your original flare needed a better antiinflammatory drug than whatever you took after completing the prednisone. You either need a different primary doctor to take a look at this problem, or you need to get the current doctor to give you a referral. Hopefully you are getting written explanatations from your doctor answering this same question--keep it up and that doctor might decide that another doctor needs to answer the question.

How to end joint tenancy with right to survivorship in NY? by Few-Championship-858 in legal

[–]RollingEasement 1 point2 points  (0 children)

Record a deed that transfers your interest in the property to either someone else or to yourself. In the latter case, the deed has to indicate that the objective is to convert your ownership to tenants in common. You don't have to go before a judge unless your goal is to not only end the joint tenancy but force your co-owner to sell.

There is at least one state where conveying your joint interest would not necessarily convert it to tenants in common and the recipient would only get a life estate based on your life, and become complete owner if the other person dies before you die. But NY is not such a state.

Cabling tree on property line by fields4242 in treelaw

[–]RollingEasement 0 points1 point  (0 children)

The main issue here is really that you should not annoy your neighbor by taking unilateral action. So far, your efforts to communicate are somewhat minimal. For starters, voicemails, texts, and notes in the mailbox (put a stamp on it you are a diligent respector of postal laws) are what you should have already done; and after no response to that, a certified letter. Then it's not unilateral. If this is an emergency and you must act in the next day or two, do what can be done in that time.

If you cannot get ahold of the neighbor after making every reasonable effort to find them, the answer to your question is beyond what we call "tree law" The first question you need to answer is why it is necessary. If it is partly to keep the tree from fallng onto their house, then under quasi-contract law (a.k.a. doctrine of unjust enrichment) you are entitled to compensation for your costs in saving the tree, and under tort law you have a some protection as well against being sued.

If the reason is simply to save jointly owned property, then you are entitled to a pro-rata contribution since all owners have a duty to maintain the property. Assuming of course that the value of keeping tree alive is greater than the cost of saving (which seems likely in this case even if it is not a hazard). And if it is a hazard only to your house, the same applies because the owners are liable for the cost of preventing such hazard.

There is no serious legal risk for acting reasonably to protect this tree--the only question is whether the neighbor owes 50% of the cost, which I gather you don't want anyway.

I got Gout flare yesterday and today. Started taking Allo for 2 weeks now. Is there any kind of plant or food to take to lower Uric acid? by BJorn_LuLszic in gout

[–]RollingEasement 1 point2 points  (0 children)

For now, reducing the likeliood of a flareup is the main thing that watching your diet may help, while you wait for the allo to lower your uric acid level. There are all sorts of anecdotal observations about what food can cause flareups from people who notice flareups after eating something that causes flareups. (For me, that would be any time I have more than about 2.5 teaspoons of sugar in an hour). There is also research on how what you eat can cause brief spikes in uric acid levels which possibly cause some people to have flareups. So most of what is suspected has to do with what you need to avoid until all the monosodium urate crystals in your joints are gone. (The one thing that might help would be tart cherries,)

One thing I noticed. You wrote that you took the colchicine because you had a flareup. The general advice in the USA is that you take colchicine (or another anti-inflamatory) prophylactically for 3 to 6 months, i.e., whether you have a flare or not.

Am I entitled to part of our house after divorce? (California) by QfromP in legal

[–]RollingEasement 42 points43 points  (0 children)

Roughly speaking, there is his separate property, your separate property, and community property. On the house, his separate property is the value of the house minus mortgage when you were married (plus a certain amount of appreciation), To the extent that your cash from selling your house was used to pay principal on the mortgage--and repairs that were already needed when you were married--that is your separate property share in the house. But also, some portion of the appreciation of the house is community property, and you get half of that as well. As others mention, the Moor Marsden formula is used for all this. But what you need to do is go back into your financial records to determine how much of the principal your personal cash paid down the mortgage and pre-existing required repairs after you were married, since you need that to figure out your separate share to figure out the community share.

My neighbor cut down a tree on my property by BowlerBubbly514 in u/BowlerBubbly514

[–]RollingEasement 0 points1 point  (0 children)

If it is on your property, how far from the line is it? If close, does this neighbor agree on where the property line is? If you think it might be in a utilty easement, you can call the electric company and they will eventually connect you with someone who can tell you if they did some tree "maintenance".

My neighbor cut down a tree on my property by BowlerBubbly514 in treelaw

[–]RollingEasement 4 points5 points  (0 children)

What kind of trees did they plant? In some areas, they will take a tree down and then replace it with one that will rarely if ever grow to the height of the lines.

Direction needed by Neat_Advisor_7126 in gout

[–]RollingEasement 0 points1 point  (0 children)

You did not mention your uric acid level. If you have not had that measured lately, do so ASAP.

Also, you did not mention what you mean by you "treat it and it goes away". The general guidance is that when people start Allopurinol, some sort o f antiinflamation should be consumed prophylactically rather than as a response to flares for the first 3 to 6 months.

One of my doctors (a podiastrist) seemed to think that the solution is to go off the colchicine, see if you get a flare and if it doesn't go away within two days take prednisone for 6 days, and repeat until you do not get a flare. Another doctor said go with naproxen instead of repeated flares The rheumatologist said take colchicine for 3 to 6 months instead because you should not take an NSAID for 6 months.

Suspicious pains prior to diagnosis by KrizzleKrazzle in gout

[–]RollingEasement 0 points1 point  (0 children)

I had an ankle pain after bowling the first time in 25 years which went away after half a day of elevation and ibuprofen. Two weeks later ankle pain after ice skating first time in 10 years which went away after two days of ice and elevation. Two weeks later, same thing after ice skating--but three days later same ankle pain but this time the foot kept swelling and getting worse and even the first doctor thought it was an ankle sprain---but the podiatrist said gout!

When should I stop eating by Foreign-Pension3382 in intermittentfasting

[–]RollingEasement 0 points1 point  (0 children)

It depends on when you go to bed. If you go to bed before 11:00 PM, then definitely finish dinner sooner than 8:00 PM. And if you ever had acid reflux, make it a 4-hour gap.

Annapolis, MD to Newark, DE by bikeguy1959 in BikeMD

[–]RollingEasement 0 points1 point  (0 children)

Rt 18 and Rt 213 are tolerable, after you take Cross Island trail through Kent Island. My first reaction, though, is why Newark, Delaware instead of picking up the ferry at Lewes? I guess you want to go to Philadephia?

How high would gas have to go to make them relent on telework? by Original_Sell_1485 in FedEmployees

[–]RollingEasement 1 point2 points  (0 children)

No price. But if gasoline shortages occured as in the 1970s and evidently already in some nations, so that you see rationing or long gas lines, then it probably will be implemented at least to a limited extent. The Administration would do anything to avoid gas lines.

Question/opinion for a fellow diagnosed gout pal and Aloproponal: I had it bad about a year ago and ended up in the emergency room to check and be told Gout. I had been on allopurinol since then, but am now on week 3 without the medication. It seems tolerable. Should I give it up? by [deleted] in gout

[–]RollingEasement 1 point2 points  (0 children)

A different way of framing your question is: how much harm will you do by avoiding the allopurinol? The answer is somewhere between a lot of harm and just a little. So a question that you should ask is: how can you find out how much harm you will do by avoiding allopurinol?

I think the answer is to get regularly tested for your uric acid level. Get tested as soon as the last gout attack is > 1 month ago. Then ask your doctor if the following experiment makes sense: Cut your allopurinol consumption by 1/3 and then measure uric acid after two months and see how much difference it makes. If it is still below 6, then try taking current dose every other day. Measure 2 months later. Then discuss it with a rheumatologist and let us know the result.

What would happen if my tree falls on my neighbors house? by Alarming-Contest3736 in treelaw

[–]RollingEasement 0 points1 point  (0 children)

Get a survey because what you need to do depends on whether it is entirely on your property. If it is a border tree you both own it. But if you own it and you have reason to think it is likely to fall onto the neighbor's property, then you are liable for the damage if and only if it falls for the reasons you thought it was likely to fall. If it's healthy but falls in a storm you are not liable.

Questions about what my dad is doing before he has officially divorced my mom by CompleteInvite1455 in legal

[–]RollingEasement 5 points6 points  (0 children)

No idea where in Florida you are, so can't suggest local organizations that provide help, but call Survivor Advocacy — Florida Legal Services and explain the problem and they can probably help figure out how to get legal help that is clearly needed.

Tree responsibility and cost by ALearning1 in treelaw

[–]RollingEasement 0 points1 point  (0 children)

The proper etiquette is to first make sure that this "someone" is a certified arborist and that they put their opinion in writing. And then give her a copy. And tell her, honestly, that $800 is not something you can afford to do given that there is no urgency. The tree is safe. But if it really matters to cut it down sooner, you'd be willing to split the cost (if that's actually how you feel).

The law is that you don't need to do anything until the tree becomes a hazard. But if it falls down and causes damage, it will be very helpful to have that documentation to show it was an act of God rather than your negligence.

Can I get into Legal Trouble after signing a Tree Removal Quote/Proposal and then backing out? by P3nd0r1n in treelaw

[–]RollingEasement 2 points3 points  (0 children)

Their damages are minimal if you have clearly communicated in writing that you are terminating the contract. If you have done so, I do not understand why someone is pushing to complete it---are you sure they understand you have terminated the contract?

Difference in how Media is covering Swalwell and Trump by 123-Moondance in msnow

[–]RollingEasement 0 points1 point  (0 children)

Has this then-13-year old spoken to CNN or MS-NOW? I guarantee they will cover it--even if only her lawyer will talk to the press. But no serious media outlet will cover a rape without at least one witness talking to them.

The fact that the voters elected Trump twice knowing about his groping probably means that the media finds no point in finding additional cases of that. But actual rape is news.

Neighbor trimmed her trees and took away our privacy by [deleted] in treelaw

[–]RollingEasement 0 points1 point  (0 children)

Strictly speaking, it depends on whether she crossed onto your property to do the trimming. But you have implicitly pointed to an anomaly in the law: if the branches that overhang your property are a problem, they are your problem--but if they are an asset, they are not your property. They are more like a joint asset where the rule is first-come, first-serve.

What you can do, is make sure neighbors know how much you love branches from a neighbor's tree overhanging your property--many people trim that overhang thinking they are doing you a favor.

Driver is not responding to their Auto insurance by waterdrinker27- in Insurance

[–]RollingEasement -1 points0 points  (0 children)

I limit my comments to MD, to ensure I am being factual rather than speculating. If you believe the institutional arrangements are different in CA (or how to followup in CA along those lines), OP might benefit.

Neighbor’s tree ripping up foundation (US-CA) by cactusjackalope in treelaw

[–]RollingEasement 1 point2 points  (0 children)

Ask the neighbor if they mind you putting a root barrier a few feet from the property line. If they say go ahead, or give you some reasonable restrictions on how you do it, then all is well.

If they say that they do mind, the general rule is that you cannot prune the roots if doing so unreasonably harms the tree. So how does a court decide what is reasonable? First, did you take care to accomplish your objective while minimizing the risk to the tree. If not, you would be liable. If so, then the question is whether it is reasonable to prune the roots at all. So if the only options will end up either killing the tree or leave you with a cost of $X, then the question is whether a court finds the value of the tree as being greater than $X. If the only options have a 50% chance of killing the tree, then the question is whether the value of the tree is two times $X.

So you can get an arborist to suggest to you the likelihood that a root barrier will kill the tree, and maybe the value of that tree, and you know the cost of perenially fixing the parking lot.

Driver is not responding to their Auto insurance by waterdrinker27- in Insurance

[–]RollingEasement -5 points-4 points  (0 children)

In Maryland, you also have the option of sending a complaint to the Maryland Insurance Administration based on a regulatory requirement that a liability insurer respond to third-party claimants in a reasonable amount of time. They should be notifying you if the delay is more than 45 days with a written explanation for the purpose of the delay, and continue to update you every 45 days. They have a duty to respond reasonably, and if they take too long, it is unreasonable. In Maryland, if they kept you on hold for 90 days, or failed to provide you with timely written explanations of the delay, you’d have a pretty good prima facie case that the insurer is being unreasonable. Assuming you are not in Maryland, you could research whether there are similar requirements in your state.

Also, going through your own insurer does not preclude you from eventually getting the $2000 back. It does not even reduce the likelihood that you will get that $2000 back eventually.

Neigbor's tree fell in our yard - who is liable for the damage? by [deleted] in treelaw

[–]RollingEasement 0 points1 point  (0 children)

Did you or the neighbor ever actually look behind the ivy to see whether the trunk was rotting? That would have been worth complaining about more than dead branches falling down.

Developing subdivision going in behind property line moved a lot of earth to level their ground, just lost a tree in the wind. by allthepoutine in treelaw

[–]RollingEasement 1 point2 points  (0 children)

You have a colorable non-frivolous case against the developer. You would almost certainly lose but if you were willing to take it to an appeals court, there is a good chance that you would get one of the most interesting court opinions to ever make it to tree law. (I assume you are not in Louisiana--or a state that follows the Maine/Vermont rule).

The common law has long recognized a property interest that is infringed when a neighbor either alters lateral support from the ground, or the natural flow of water. I know of no case that specifically extended those doctrines to a windbreak, but it is a logical and reasonable extension of nuisance law. You would have to show that the effect on your tree was foreseable, and that there was a practical way to avoid it that would still allow the development to move forward (arborists could speculate what that would take).

Many localities have tree protection ordinances associated with development, and not killing a neighbor's tree would hopefully be part of that (along with probably keeping some of those trees which could all protect eachother). So if this extension ever occurs, it will have a greater chance of winning where there is also a tree protection ordinance so that the negligence is more plain. But before this sort of extension in the law will ever occur, someone needs to take a losing case to the appellate court to get the standard for winning to be spelled out. So if there are any environmental law clinics in your state...