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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100382
Experience:  Lawyer
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My neighbour and I share common driveway(there is servitude

Customer Question

My neighbour and I share common driveway(there is servitude on the driveway) with our garages are at the end of driveway.
My neighbour hired a roofing contractor to change his garage roof,which he did,while doing so he drove a 30 ton truck down the driveway and in doing so caused to sink and crack as it was in month of December 2015 (have photos of the truck on the driveway)
I sent my neighbour and his contractor a registered letter holding them responsible for the damage.
Neighbour replied verbally he would contact contractor ,he did but contractor claiming the driveway was already damage.
My letter to the contractor was returned to me.
What do I do next
Martin *****
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

What you do next is you send your neighbour a letter telling your neighbour that if he does not repair the driveway by a deadline that you set or at least commit to doing so if it's not possible to do it now because of the weather, then you will have no choice but to sue him.

You can sue your neighbour in small claims court and self represent. You do not have to sue the contractor. The neighbour can sue the contractor but that is not up to you because it is the neighbour who hired the contractor and he is liable to you.

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