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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31789
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have a complicated situation. I live in Ohio. I own a

Customer Question

I have a complicated situation. I live in Ohio. I own a house in Michigan, that is rented to a family. There was water seeping into the basement. I hired a company to seal and pump any water. The water seepage continued. I hired a plumber to find the water source. It was determined to be a supply line before the house meter. The city could not turn off the supply for days, because they could not find the valve and then the valve was not working. The supply line is actually to the neighboring house. My home insurance does not cover this type of damage. I was told the neighbors liability insurance should cover it. Now, I am told the neighbor's insurance insurance does not pay because they only pay my insurance if my insurance paid me. I have several thousands in bills, for a broken water line, that is not my line. Is there any way the neighbors insurance should pay? Or any way to hold the city responsible?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

Expert:  Roger replied 1 year ago.

The only way the neighbor would be liable is if he/she owns the line at issue and has a duty to maintain the same. If that is the case, you can sue the neighbor and invoke the insurance coverage to pay your damages.

Expert:  Roger replied 1 year ago.

However, if the neighbor doesn't own the line and doesn't have a duty to maintain it, then there should be no basis for liability based on the facts here. However, the city could be liable for the damage due to faulty maintenance, negligence, etc.

Expert:  Roger replied 1 year ago.

In that case, you should sue the city for the damages you've sustained.