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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 12554
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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I have a townhouse that was built in 2010 in Seattle, WA, and

Customer Question

I have a townhouse that was built in 2010 in Seattle, WA, and is not attached to, or part of any homeowners association. There is a 6ft. high cedar perimeter fence that separates my townhouse from the lot next door. This fence is technically on and part of my townhouse property.
Approximately, August, 2015 demolition of an old house and construction of three new homes began in this lot next door. Last September I noticed pretty severe damage to my fence, approximately four poles are completely broken and various other damage(s). I have film that shows my fence completely intact and straight just as demolition and construction began.
Anyway in last October I confronted the builder(of the new houses) about this damage to my fence. Specifically,I pointed out the great loss of soil and rock that has been lost near the fence posts, clearly as a result of the demolition and construction. The builder
refused to do anything about my damaged fence, at the time, or at any point in the future, because my fence posts were already dry rotting, and that made him exempt from any responsibility.
I stated that even if there was some deterioration on the posts, the fact that his construction removed critical rock and sand, (which supports the posts and concrete post support) created the condition which caused the posts to fail. He denied any responsibility, and the fence is literaly blowing in the wind and being further damaged at present.
How can I persuade or force this builder, to fix the damage his construction caused?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Andrea, Esq. replied 1 year ago.
Hi, My name is ***** ***** I am one of the experts here on JustAnswer. I will be glad to answer your question and the only thing I ask of you is that you leave a positive rating. This will not cost you anything since you have already placed a deposit with JustAnswer, but it is the only way that JustAnswer will give me credit, Fair enough ? ​ANSWER The builder is liable to you for repairs to your fence, regardless of how old it is. If the builder denies liability and refuses to repair your fence, then your only recourse is to sue him in your local Small Claims Court. Once the Judge orders him to repair the fence, he will have no choice. I wish there were another way to convince the builder to repair your fence, but since you have already asked him to repair it and he has refused, then he has left you no choice other than filing a lawsuit against him to recover repair costs. Get 2 or 3 estimates for repairs and bring them with you to the hearing along with "before and after" photographs and show them to the Judge. You won't have a problem getting the Judge to award you judgment in the amount of your estimates. Please be kind enough to leave a Positive rating. This will not cost you anything and it is the only way that JustAnswer will know that I assisted you. Thank you for understanding. ANDREA