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Ask LawTalk Your Own Question
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 34884
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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I have a 100 foot chain fence on the back of my property.

Customer Question

I have a 100 foot chain fence on the back of my property. Behind the fence was just trees for ,20 years. A builder built two houses that are now behind the fence. During building they hung privacy tarps across the whole fence on one end the removed and lost a cap to a poll and inserted another poll that is still there. They laid out heavy materials against the bottom of fence that sat there for months causing it to warp. They built a low cement retaning wall between the two new houses that one end pushes under my fence and bent it in. One house is occupied now and they built a garden along the fence that is pushing into the fence and has bent the bar and fence on bottom into my side about a half of a foot. Also the fences white slates are damaged and ripped everywhere from the workers hanging and taking down the privacy tarps..the fence looks horrible. Before this it was straight and perfect. What can I do ?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Staten Island, NY
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: No
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  LawTalk replied 3 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

As for the damage to your property which occurred before the new owners took title to their property, you would have to make a claim/or sue the contractor who was in charge of the construction of the homes.

As for any damage done by additions or changes made by the new owner(s), you would need to make a claim with their homeowner's insurance company or sue them personally for the damage done.

If the damages don't exceed $5,000, then you may find that if a lawsuit is necessary that small claims court is the best venue for you.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,