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Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33206
Experience:  15 years real estate, Realtor. Landlord 26 years
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I live in a row house. Zip 19130 My neighbor has a garage

Customer Question

I live in a row house. Zip 19130 My neighbor has a garage attached to the back of his house - it forms a wall with the back of my house I built a reinforced concrete pond next to his wall it is mostly below grade. My pond is right next to his wall with a barrier between them.
His garage wall is degrading and leaking. his plaster inside the wall is coming off - he states that it is due to the evaporation from my pond - I have had two pond people who say that my pond is not leaking he says that it does not have to leake to cause the damage and is going to file a lawsuit against me
Does he have a case?
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Barrister replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.


Expert:  Barrister replied 3 months ago.

Evaporation is a fact of nature over which you have zero control. So unless the neighbor can come up with scientific proof that it is your pond that is causing his problems, then you aren't liable here.


If your pond is leaking or the area is wet and circumstantial evidence would suggest that it is a leak, then he could hold you liable for any damages.


So basically it all boils down to what he can or can't prove as to whether he can hold you liable. But if you have pond professionals who will testify that there is no leak, then I don't see him as being able to hold you liable for what is apparently a natural phenomenon in nature..





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