Neighbor Relations

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oren102

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Not sure if I'm allowed to post this here but I figured I'd try.

I'm just about done excavating my house (to waterproof everything). Before we started, we talked to my neighbor and he said it was o.k to use his driveway. My neighbor even said it wasn't that big of a deal since he wanted to change his driveway anyways. While they were excavating, for about 14 hours, his driveway was full of dirt from the excavation (they had to excavate about 10 feet depth). I told my contractor to rush and finish so that he can have his driveway back, which he did.


My neighbor, Let's call him Frank, was mad that so much damage was caused to his over 20 year old driveway (it was in worse condition than mine). My contractor is more than willing to fix HIS SIDE of the driveway or pay him $300. Frank would like all of his driveway replaced or he will go through insurance.


The fix would be strictly on his side which measures about 20 feet by 2 feet (40 square feet). He is offering to fix it with concrete. On my side, i told him I don't want a fix (it measures about 2/3 feet by 20 feet).


Does anyone know what the law is about this matter?
Who is at fault here?
Is it my contractor, me?
If my neighbor sues me, can I sue the contractor?
Any thoughts?

I can't seem to find the bi-law for this sort of stuff...
 
Sorry to hear about your troubles!

Sounds more like a civil, tort matter.

I may be wrong, but your contractor should have insurance for this. If not, then you'll be responsible. And, then, you can sue your contractor in civil court. But, who would want to do that? Unless, of course, your legal fees are less than the cost to replace your neighbour's driveway.

In terms of the messier issue (that you can prove that your neighbour consented to having his driveway damaged and that your neighbour wouldn't hold you responsible), better to ask a real lawyer.

Good luck, and hope you get this thing resolved quickly!
 
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oren102 said:
Not sure if I'm allowed to post this here but I figured I'd try.

I'm just about done excavating my house (to waterproof everything). Before we started, we talked to my neighbor and he said it was o.k to use his driveway. My neighbor even said it wasn't that big of a deal since he wanted to change his driveway anyways. While they were excavating, for about 14 hours, his driveway was full of dirt from the excavation (they had to excavate about 10 feet depth). I told my contractor to rush and finish so that he can have his driveway back, which he did.


My neighbor, Let's call him Frank, was mad that so much damage was caused to his over 20 year old driveway (it was in worse condition than mine). My contractor is more than willing to fix HIS SIDE of the driveway or pay him $300. Frank would like all of his driveway replaced or he will go through insurance.


The fix would be strictly on his side which measures about 20 feet by 2 feet (40 square feet). He is offering to fix it with concrete. On my side, i told him I don't want a fix (it measures about 2/3 feet by 20 feet).


Does anyone know what the law is about this matter?
Who is at fault here?
Is it my contractor, me?
If my neighbor sues me, can I sue the contractor?
Any thoughts?

I can't seem to find the bi-law for this sort of stuff...
Click to expand...

and looks like he's gonna be changing his drive way just as planned. guess he forgot to mention that YOU'LL be paying for it
 
2 years ago, my next door neighbour sold his house and the new owners had to dig a section of my driveway (semi-detached houses) to get to the foundation for waterproofing. I asked for a written estimate of exactly what work needed to be done and wrote up a contract between myself and my new neighbour which we both signed. Covered both our a5ses.

As far as I knew, as long as they had my permission to dig, and they patched things up afterward, they were ok. I also had an old driveway and unfortunatley, the repaired patch looked beter than the rest of the driveway! So I sold the house.
 
He's a good neighbor, he's just being pressured from his father in law (another contractor). Yes, my contractor has insurance for this but I'm sure we don't all want to go to insurance with this kind of matter, just not worth the insurance premiums.

Would the process of suing be: neighbor sues me, I sue contractor, contractor deals with insurance?

I'm going to hear back from an insurance lawyer (family friend) tonight, hopefully it will all work out.

Don't you just hate it when people say one thing and do another?
 
kruzuki said:
2 years ago, my next door neighbour sold his house and the new owners had to dig a section of my driveway (semi-detached houses) to get to the foundation for waterproofing. I asked for a written estimate of exactly what work needed to be done and wrote up a contract between myself and my new neighbour which we both signed. Covered both our a5ses.

As far as I knew, as long as they had my permission to dig, and they patched things up afterward, they were ok. I also had an old driveway and unfortunatley, the repaired patch looked beter than the rest of the driveway! So I sold the house.
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hahahahah
 
Another thing... In terms of assessing damages, if this were to go to court and your neighbour won, he (your neighbour) would generally get an amount that would put him in the same position as before you had your contractor put all the dirt on his side.

But, take this with a grain a salt, and let the experts handle this.
 
kruzuki said:
2 years ago, my next door neighbour sold his house and the new owners had to dig a section of my driveway (semi-detached houses) to get to the foundation for waterproofing. I asked for a written estimate of exactly what work needed to be done and wrote up a contract between myself and my new neighbour which we both signed. Covered both our a5ses.
Click to expand...
Writing things down always seems like a good idea. Whenever I get in some kind of car accident where insurance isn't used I make sure to write up a little something saying we both agreed to the resolution so nothing can come bite me later. A few people thought it was strange but whatever.

Shouldn't this be in Romper Room or something?
 
Thanks kamikaze.

I actually just got off the phone with a lawyer.
Apparently, if he take this to smalls claims, I'll win. Solely on the basis that I offered to fix the driveway so that it will be just as good if not better than what it was before (cement, not asphalt because of weather).

Also, he will have to pay my lawyer fees. Judges hate cases like these since the neighbor is already more than willing to fix the damages.

I'm meeting with him tonight, I'll keep you all informed on what happens.
 
sorry to hear that. Not fun when stuff like this happens. I'm dealing with my own neighbor issues.....
 
oren102 said:
Thanks kamikaze.

I actually just got off the phone with a lawyer.
Apparently, if he take this to smalls claims, I'll win. Solely on the basis that I offered to fix the driveway so that it will be just as good if not better than what it was before (cement, not asphalt because of weather).

Also, he will have to pay my lawyer fees. Judges hate cases like these since the neighbor is already more than willing to fix the damages.

I'm meeting with him tonight, I'll keep you all informed on what happens.
Click to expand...

Sounds more or less correct to me.
 
I'm not saying to bend over, but if you and your neighbour can find an agreement and settle before any type of legal action, it's going to be for the best of you in the long term. I'd hate to live beside people I don't like !
 
It's very rare to get lawyer fees in small claims court. I wouldn't let him sue thinking he will end up paying for your lawyer

Sent from my SGH-I727R using Tapatalk HD
 
frekeyguy said:
sorry to hear that. Not fun when stuff like this happens. I'm dealing with my own neighbor issues.....
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What neighbour issues? The last time u were talking to her. She talks to u like if she's belittling someone

Sent from my phone using my paws
 
I would tell him to take it up with the contractor, you wouldn't be liable for someone else's work. Even if he named you, you didn't put the dirt on his side, so they could easily remove you from the claim afterwards.

If he wants to make a scene, his only plausible way would be to go after the contractor.... and even that doesn't mean he deserves a NEW driveway. He just deserves a quick patch up job to put it back in the original state that it was in before the damage occurred.

Definitely civil matter
 
In construction there is a reasonable repair rule. If someone damages something you don't get a new house you get a reasonable patch.
With the driveway the neighbour may have expected it to look the same before and after and maybe the dirt load on it caused some permanent damage. Expectations are a bi***.
 
I had a very similar experience this year when I hired RCC waterproofing to do my foundation

the west wall (50 ft long) runs parallel with my neighbour's driveway.....it's basically my foundation....a 3ft pathway along the whole side....about another ft to the property line and her driveway basically butts up to the property line

difference here....my neighbour is a complete ****

so I never even warned her......told RCC that they're gonna have to do that wall the hard way...and priced it out accordingly

when the crew arrived they insisted on putting planks down on her driveway and doing it the easier way.....so I fine fine....you deal with the neighbour

so....they wrote up a contract with her stating any and all damage done would be corrected by RCC

and no damage was done.....asice from the fact that she can't stand me even more now

there was no way I was gonna basically agree to cover the contrator....I figure that's they're job
 
82Seca750 said:
I had a very similar experience this year when I hired RCC waterproofing to do my foundation

the west wall (50 ft long) runs parallel with my neighbour's driveway.....it's basically my foundation....a 3ft pathway along the whole side....about another ft to the property line and her driveway basically butts up to the property line

difference here....my neighbour is a complete ****

so I never even warned her......told RCC that they're gonna have to do that wall the hard way...and priced it out accordingly

when the crew arrived they insisted on putting planks down on her driveway and doing it the easier way.....so I fine fine....you deal with the neighbour

so....they wrote up a contract with her stating any and all damage done would be corrected by RCC

and no damage was done.....asice from the fact that she can't stand me even more now

there was no way I was gonna basically agree to cover the contrator....I figure that's they're job
Click to expand...

Someone doesn't like you, I'm shocked, can't understand why.

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