LawProblems.com -- Answers to Questions About Real Estate Law
Money and real estate news you can use everyday
 
           

Home
Real Estate Lawyer
Question of the Week
Tip of the Week
Recommended Books
Resources
Glossary
Contact Sam

Damage Caused By Neighbor

REM #LAW579

By Ilyce R. Glink and Samuel J. Tamkin

Summary: A neighbor refuses to pay for the damage caused by their water leak. Sam suggests taking the problem to small claims court.

Q: For the past 30 years, my aunt and uncle has lived in a second floor condominium in an old 4-story building. About 3 years ago, a new owner moved into the unit above them. For the eighth time, the neighbor above them has caused water damage in their unit. The neighbor has always refused to make an insurance claim and has refused to pay for the damage.

The most recent damage was caused by an unlicensed contractor doing plumbing and other work without a permit. The neighbor first said she would pay for the damage but has since refused.
(article continues below useful links)

What recourse does my uncle have?

A: Your uncle will probably have to sue the neighbor to have his expenses reimbursed. Of greatest concern these days are repeated claims with an insurance company. If your uncle makes repeated claims for water damage to his insurance company, the company will likely drop him. Once dropped, other insurance companies will be unlikely to insure your uncle.

Generally, the responsibility for repairs caused by a neighbor to another unit should be borne by the neighbor. If the neighbor refuses, your uncle will have to sue the neighbor either in small claim’s court or with the assistance of an attorney.

Samuel J. Tamkin is a Chicago-based real estate attorney. Ilyce R. Glink’s latest book is 50 Simple Steps You Can Take To Sell Your Home Faster and For More Money In Any Market. If you have questions for them, write: Real Estate Matters Syndicate, PO Box 366, Glencoe, IL 60022 or contact them through Ilyce’s website www.thinkglink.com

 

 

 

RSS Feeds

RSS 0.91 Feed
RSS 1.0 Feed
RSS 2.0 Feed
ATOM Feed

Home Buying   Using Attorneys to Buy a Home - Earnest Money - Quitclaim Deeds - Easements - Seller Misreprensation - New Construction - Buying with Partners - Home Inspections - Seller Problems - Agent Issues
Home Selling    Using Attorneys to Sell a Home - Seller Disclosure laws - Title Problems - Buyer Problems - Real Estate Agent Issues - Tax Considerations
Home Ownership   Neighbor Problems - Seller Misrepresentation And Fraud Issues - Problems In a Condominium Development - Problems Around The House - New Construction Issues - Subdividing Land
Home Renovation   Architect Issues - Contractor Issues - Problems With Contractors - Inspection Issues - Certificate Of Occupancy - Municipal Inspections - Punch List Issues - Financing Issues - Installment Contracts
Real Estate  
Financing
 
Loan Application Problems - Refinancing Issues - Paying Off An Old Loan - Credit Problems - Seller Recommended Lender - Prepaying A Loan - Prepayment Penalties - Predatory Lenders
Investment  
Property
 
1031 Exchanges - Financing Investment Properties - Landlord and Tenant Issues - Partnership and Company Considerations - Tax Considerations - Subdividing Land
 
Contact Us | Sitemap | Terms of Use | Copyright ©2001-2005. ThinkGlink Inc. All rights reserved.
Reproduction of material from any www.LawProblems.com pages without written permission is strictly prohibited.
Site design by Walker Sands Communications