Fortunately, property lines can make establishing who is at fault for damage easy, but when it comes to structures like fences or overhanging trees on the property, the line of responsibility may be blurred. So, neighbors cannot always come to an amicable agreement to pay for property damage on their own. If you believe your neighbor is at fault for damage to your property, learn what you can do.
Ask Again
By now, you have likely spoken with your neighbor about the damage and requested that they help cover the cost of repairs. Provided the situation is not hostile, it is worth it to ask again. When you initially asked, your neighbor may not have had the time to seriously think about any liability they have but may have come to a different conclusion with time.
Review the Property Survey
If asking again is not an option or does not work, take a moment to look over your certified property survey. Over time, it is common for property lines to be misinterpreted, especially if multiple people have lived in the properties. After looking at the survey, you might find proof that the damaged fence or fallen tree is your responsibility or your neighbors. Should you choose to move forward with legal action, you will need this information.
Investigate HOA and State Law
It is also helpful to look at your HOA bylaws or state laws. Particularly when it comes to structures like a fence, an HOA or state law will set guidelines on who is responsible for fence damage or repairs. For instance, it is common for a fence to be considered a shared cost for each property line that rests against the structure. It is not always easy to find this information, but an attorney can help.
Consider Civil Litigation
By this point, if you know that your neighbor is liable for the damage, it may be time to move forward with civil litigation. With civil litigation, you can essentially legally force your neighbor to pay their fair share so that you do not have to pay for the damage or file an insurance claim against your policy. An attorney can also assist you with this step.
If you sustained damage to your home and you believe your neighbor is at least partly responsible, a civil attorney may be able to help you recover any losses. Speak with an attorney to learn more about civil litigation.
Share12 May 2022
I was blessed to have grown up in a home with loving supportive parents. They both worked extremely hard in order for me and my sister to enjoy a better life than they had. Financially, they bought me a new car when I was sixteen. They also paid for my college expenses. Many parents do the same for their kids. They want to provide for them in the present while safeguarding their futures. One way parents can invest in their kids’ futures is by placing money in trusts that their children can utilize when they reach a certain age. A reputable attorney can establish beneficial trusts for your kids. On this blog, you will learn about the benefits of consulting with an attorney about setting up trusts for your children.