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Cowgirl Lawyer
Cowgirl Lawyer, Lawyer
Category: Legal
Satisfied Customers: 1422
Experience:  Attorney for 22 years. General Practice, Labor/Employment, PI, WC, Criminal, Family.
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I am in the military and was recently moved from ...

Resolved Question:

I am in the military and was recently moved from Washington state to Florida and have been trying to sell my home in Wa. it has been on the market for a year with no luck. recently i have found out that my neighbor was complaining that i needed to fix a rock wall on my property because the rocks were falling out i dont even know if it is my property but it is her kids that is knocking the rocks out and she is letting her kids damage my property and her son damaged my garage door by riding his bike into it. Our home is going to go into foreclosure if it doesn''t sell soon. What do you suggest about the rock wall and how to handle the situation with her and keeping her kids off of my property? She says her kids aren''t doing it but i have friends that live there and are telling me otherwise. My friend is going to take pictures of the kids on my property. Any advice?
Submitted: 8 years ago.
Category: Legal
Expert:  Cowgirl Lawyer replied 8 years ago.
Customer,

You are in a difficult position. If your friend has seen the children on the property, your friend could contact the police on your behalf. This would potentially get the children into juvenile court, which might get the mother to exert better control over the children. It might also convince her to turn the damage over to her insurance company so that the damage may be repaired. I don't know if any of that could happen in a manner that is fast enough to help you with your house sale needs. Even if it did not help your situation in terms of getting payment for the damage, it might help keep the children from doing further damage. Encourage both the photographs and a police report.

If you still have homeowners' insurance on the property, you could file the claim with your insurance company and have a better chance of getting repairs made to the property more quickly.

Good luck to you!

Gloria Morris

Attorney at Law

Legal Disclaimer: The information I am providing you is for informational and research use only. You are paying me only for such information. The information is not legal advice and by rendering such information there is no formation of an attorney-client relationship. As the law is constantly changing, you are advised to consult with legal counsel in your area for specific information relevant to your situation.



Customer: replied 8 years ago.
I am more wanting an answer about the rock wall than the garage door.
Expert:  Cowgirl Lawyer replied 8 years ago.
Perhaps I do not understand your question about the rock wall. You believe the neighbor's children are at fault in damaging it. My answer was directed at dealing with the neighbor's children and with getting repairs. Is there some additional information you could share about it?

Customer: replied 8 years ago.
The neighbor is claiming that because the rocks are falling she is thinking her property is going to slide (which is ridiculous )the wall was there before the previous owners put the rocks in it but she says we should pay the replace it even though her kids are doing the damage to it. If we dont sell the home it will be in foreclosure soon and she says we should fix it before it does but i think if she wants it fixed she should do it since it is her children damaging that and the rest of my property. sorry i didnt make that clear enough last time.
Expert:  Cowgirl Lawyer replied 8 years ago.
OK, thank you for the clarification.

Honestly, she cannot make you pay to fix that wall absent a court order. That is unlikely to happen in the short time you have before you head into foreclosure. And, if she did take it to court, you have several excellent defenses. First, her children are apparently doing the damage. Second, it is not clear that the rocks are actually on your property.

I agree that if her children are damaging the wall that she should pay to repair it. Absent having a surveyor mark the boundaries of the property, you won't know for sure if the rock wall is on your property.

You have other more pressing needs for your money right now. I would suggest that you spend it accordingly.

Good luck to you!

Gloria Morris

Attorney at Law

Legal Disclaimer: The information I am providing you is for informational and research use only. You are paying me only for such information. The information is not legal advice and by rendering such information there is no formation of an attorney-client relationship. As the law is constantly changing, you are advised to consult with legal counsel in your area for specific information relevant to your situation.



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