Real Estate Law
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Last summer our neighbor asked my boyfriend if he could cut down a tree in the front of our house so he could build a brick wall on both sides of his driveway Bill said yes. I have lived here for 10 years. I was opposed but I am not the homeowner so the project went as scheduled. They built a brick wall, they also put sod on the front lawn next to their house, also they cut down a tree. Our development is hilly and the side next to them slopes. We have a fence but there is 3 feet passageway that is our property. Bill didn't extend the fence because he didn't want to inconvenience them with our dogs at their fence. This is the area that they graded and leveled. Our whole yard is flooded and over the weekend our dining room flooded and our pergo floor was ruined. I have lived here for 10 years with my boyfriend. Do I or we have any recourse. He is retired and a lung transplant recipient and I feel they took advantage of him. I really don't know what to do since he gave them verbal permission. Response: I am sorry to read about your difficulties. He (You) needs to speak with your neighbors about covering the expenses. Since the neighbors’ action resulted in the damage, I would think that the neighbors would want to cover the expenses since your boyfriend was nice enough to let them do it. The neighbors also need to make some adjustments with the grading and leveling because of the damages that have been caused and future damages that would be caused if things stay as is. If your neighbors refuse to cooperate, then you need to take proper action to secure your side of the property. Suing them for damages unfortunately is out of the question since they got permission from your boyfriend before they started the project.
Let me know if you need further clarification,