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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3928
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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time lapse--person created a problem, 2 years ago--owner not aware of problem until presen

Resolved Question:

time lapse--person created a problem, 2 years ago--owner not aware of problem until present-asks prior person to help pay for damages this involves a person taking a heater out of cistern--causes major damage to home -and -furnace ( six year old )furnace not turned on for two years-after inspection--boiler furnace needs major repairs and possible replacement--caused by frozen pipes throughout house--this relates to previous person taking heater out of cistern-and freezing pipes in the house.
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question.

Can you tell me which person you are in this scenario (are you the owner)?

Also, who is the "prior person" (i.e., are they a previous owner or are they a contractor, etc?)?

Finally, why did the prior person take the heater out of the cistern?
Customer: replied 1 year ago.


Owner of the property---prior person meaning a neighbor----She said she took it out to put in her cistern--as she thought the freezing weather was over and she needed it in her cistern!

Expert:  Zachary replied 1 year ago.
She took it out of your cistern to put into her cistern?

Did she have permission to take it out of your cistern, or did she still it from your cistern?
Customer: replied 1 year ago.


she took it out of cistern to put into her cistern----she just took it without my permission she did steal it out of my cistern and when I found it missing-and asked her if she had taken it--she said yes --to put into her cistern --this was when I found it missing with the pump frozen and water going into my house through frozen pipes--didn,t realize at the time that it was freezing the heating system pipes as well. furnace hasn,t worked since and I haven,t used the furnace as I utilized a fireplace and heater---

Expert:  Zachary replied 1 year ago.
Thank you for your response.

Under these circumstances, the statute of limitations does not come into play because of what is known as the "Discovery Rule", which means that the statute does not begin to run until the act is discovered.

Here, you have several options. The first is to contact the police and report this as a theft and criminal trespass.

The second, and the much more likely to get results, is to sue her in civil court for trespass and conversion, and seek monetary damages for the replacement cost of the heater and the damages to your system. By the sounds of it, this kind of damage is likely more than the limits allowed in small claims court, so you should seriously consider hiring a lawyer to sue her.

Under any circumstance, she is responsible to you for the damage and the cost to replace the heater.
Zachary, Attorney
Category: Legal
Satisfied Customers: 3928
Experience: Lead trial/International commercial attorney licensed 11 yrs
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