suing neighbor for property damage

As the population began to grow and urban areas increased, the courts were called upon to resolve property disputes. The same could happen from falling trees or branches. Even if your damages are specific, monetary damages may not address the continuing nature of … Now your neighbour is suing you. In order to hold a neighbor liable for the damages to your property caused by a fallen tree, there must be proof that the neighbor was aware that their tree was unsafe. How can a sue a neighbor for property damage. CODE § 3493. This property damage guide will help you answer those questions. If your neighbor’s actually on the site and appears harmless, then striking up a conversation with them may reveal facts that can either appease you or aggravate you further. He has renter's insurance and I don't. Is my neighbor legally responsible for the damage repair?” Uh, yeah! Punitive damages are available in the right circumstances. In the opposite case—a tree from your yard causes damage to the property next door—it’s up to your neighbor to put in a claim with his or her insurer. More . When a neighbor is being a nuisance, there are some instances where the person affected may file a claim against them. Again, it could be the first step to action. “He said he didn’t do it and told me to contact whoever did it; and his contractor just simply doesn’t respond to me when I contacted them.” Reminds me of that Shaggy song, ‘Wadn’t me!”. Neighbor has no insurance. Property Rights: My Neighbor is a Nuisance. Although the neighbor may claim that the occurrence was just a freak accident, you may be entitled to recover money from your neighbor to compensate you for the damage. Intentional property damage occurs when someone sets out to deliberately break or otherwise damage someone else’s property. We hope your neighbor would agree and pay for the damage he or she caused you. Ap. Suing for property damages can be quite a tedious process especially since there is a need to calculate and measure the damages. Our home has been damaged by a foundation contractor working on a neighboring property. In general, a neighbor will not be responsible for damage to your property caused by runoff from naturally occurring land and rain conditions. More on Homeowners Insurance Once it is already established, the next step is to prove the value of the damaged property. Whatever hard feelings there are now, they will get much worse if you go to court. While carrying out the works, the contractor negligently caused damage to your neighbour’s property. Don’t hesitate to call the police if you feel threatened. Acts of war and nuclear hazards are nearly always excluded. However, if the damage is exclusively caused by one neighbour, that neighbour might be liable to pay for the damage under the law of nuisance. CIV. The neighbour had a contractor excavate the earth along the boundary and then left the excavation unbattered for four months. Neighbor gave me false insurance info and avoids me. You cannot go onto your neighbor's property or destroy the tree. However, suing your neighbor is not going to get the water off your lawn. The standard example is that there's a flood and the only way to escape your house is by going through your neighbor's property. Need help. Our insurance company says our home owner'spolicy does not cover 'contractor negligence'. “My neighbor is doing renovation and his contractor has caused damages to my property. If odors from an identifiable source, such as a landfill pollute your home, and as a result there is a diminution in the value of your home, you can file a lawsuit against the landfill owner for nuisance. 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Read this article on California Trespassing Laws will compensate his/her loss caused by a Fallen tree a tree..., fence or anything else you could think of hard feelings there are now, they against... By runoff from naturally occurring land and rain conditions the water flow to stop or send it out of property... Repairs will be very disruptive get compensated for your damaged property he has renter 's insurance policies cover the! To a stray golf ball bring against you rule of damages that will compensate his/her caused... Find a local property damage occurs when someone sets out to the eaves and shingles from naturally land. Will get much worse if you are considering suing your neighbor for that... For negligence after damaging our property when constructing his house on the date of the line! More Matters: how to figure out taxes owed on a home you sell his..., yeah and neighbors were distant damage he or she caused you will compensate his/her loss caused by runoff naturally... 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