What to do about potential damage to my property caused by my neighbor’s lack of maintenance of their porch?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do about potential damage to my property caused by my neighbor’s lack of maintenance of their porch?
My rowhouse front porch and floor has been damaged from lack of maintenance on my neighbor’s porch. I filed a claim with their insurance company,t hey was found 100% responsible and I was reimbursed for my repairs. My neighbor has not fixed the underlying problem and I anticipate continued damage to my new porch and floor. Their insurance company dropped them because they refused to repair the underlying problem (neglect of gutter system). I now believe they has no insurance even though they have a mortgage. What should I do next if I have further damage?
Asked on March 14, 2011 under Real Estate Law, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If there is further damage for which they are responsible, you can sue them--you are allowed to sue people if they don't have insurance. All insurance does is provide a mechanism for paying. So, assuming you think the neighbors have money to pay any judgment against them, if you suffer more damage, you could bring a lawsuit against them and try to collect. You might also be able to sue them for injunctive relief--that is, for a court order forcing them to fix the problem that is damaging your home. You may wish to speak with a real estate attorney to discuss this situation and see if looking for injunctive relief is a viable and effective option for you. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.