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My neighbors sewer line runs through my property in the easement.

My neighbor's sewer line runs...
My neighbor's sewer line runs through my property in the easement. He had two blockages in the line and claims my tree roots and my fence post caused damage. He is suing me in small claims court for $3780.57. I have not seen any evidence to back up his claim. I contend his problem was due to the age of the sewer line (over 40 years) and natural conditions of the ground. I spent $300 to remove and restore my fence to facilitate he excavation needed for the sewer repair. Can I counter sue him to recover my expense?
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Answered in 21 minutes by:
8/20/2013
Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31,881
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney. Thanks for using JA! I'll be be glad to assist.

You should not be responsible for Acts of God and natural occurrences - - such as roots going through the line or the fence causing damages. That would be something that you should not responsible for. Also, you can sue the neighbor for making a false claim. abuse of process and malicious prosecution. You could seek damages associated with this, including your attorney's fees and other damages - - including your fence costs.

It's up to the judge whether to award these damages or not. but you can seek them. Also, you should have a very good defense to any claims that you're responsible for the damages that occurred from natural circumstances.
Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31,881
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Roger
Roger
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