Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My neighbors boat during the hurricane crashed into my dock…

Customer Question
My neighbors boat during...

My neighbors boat during the hurricane crashed into my dock and sunk. They did not have any insurance on their boat. They did pay to have a salvage company come in and discard the boat. The boat did $5,800 damage to my dock and they are saying they will not pay for it because it is an act of God. They have the money to pay for it. Are they responsible for paying for the repairs to my dock?

Lawyer's Assistant: What state is this in? And how old is the boat?

The state of Florida. During the storm their 27 foot boat came out of their boat house. Their boat was approximately 25 years old.

Lawyer's Assistant: Has anything been filed or reported?

Not yet. The salvage company came yesterday and put the boat into a dumpster

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that is about it.

Submitted: 7 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 5 minutes by:
9/27/2017
Real Estate Lawyer: Dwayne B., Attorney replied 7 months ago
Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

If you receive a notice or email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the notice or email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Dwayne B., Attorney replied 7 months ago

It is not an open and shut case either way. While "Force Majeure" or Act of God is a valid defense, it doesn't automatically excuse all behavior.

For instance, if they didn't tie their boat adequately or make any arrangements at all to keep it from breaking loose during the hurricane then you have a good case. If, instead, they had it tied with a rope, on a hoist out of the water, held with straps, and did everything possible then it is less likely that they would be held responsible by the court.

The insurance companies try and convince people that Acts of God automatically relies everyone of responsibility but that is incorrect. If you live on a portion of the coast which is prone to hurricanes, which all of Florida would be, then you need to plan for that and make your property as safe as possible.

Ask Your Own Real Estate Law Question
Customer reply replied 7 months ago
They had it on their boat lift in their boat dock. It was lifted as high as they could. It was not tied to the boat house. The waves swamp the boat and it bent the bunks on their lift and the boat slipped out of the lift and hit my dock doing 5800 damage
Real Estate Lawyer: Dwayne B., Attorney replied 7 months ago

You would probably have to hire some type of engineer to figure out whether that was sufficient and whether it being tied would make a difference. Also, you have a potential case against the manufacturer of the "bunks on their lift" if they were insufficient to support the weight.

Many people don't understand that most cases are different. Different facts can mean different results.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Dwayne B., Attorney replied 7 months ago

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Ask Your Own Real Estate Law Question
Was this answer helpful?
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 34,389
34,389 Satisfied Customers
Experience: Began practicing law in 1992

Dwayne B. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
Can a neighbor move my mailbox in another location without
Can a neighbor move my mailbox in another location without my permission. What legal course of action I can take.… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Guests of my neighbours are usually blocking my mailbox
My neighbor's guest are usually blocking my mailbox when they park their cars, how can I handle this legally? I talked to my neighbor and he apologized but this is still going, and it is not one neigh… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
In the State of California How many people are you allowed ...
In the State of California How many people are you allowed to reside with you in your residence and they are not members of your family. My neighbor owns his home but he has renters living with him th… read more
Lawrence N. Rogak, Insurance Atty
Lawrence N. Rogak, Insurance Atty
Managing Attorney
Doctoral Degree
1,032 satisfied customers
Neighbor seeking permission for fence encroachment over
Neighbor seeking permission for fence encroachment over property line in New Jersey…Until a few days ago, neighbor's fence encroached into client's property by a few feet, until a storm toppled a tree… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,834 satisfied customers
When a neighbor surveyors a piece of your property and has
For Ray only. When a neighbor surveyors a piece of your property and has it recordered, I read where they become "terra" something or other. I have stacks of papers Ray and I am running out of time. I… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
The upstairs neighbor's apartment was condemned infested..
the upstairs neighbor's apartment was condemned infested.. and they know he had fleas.. I kept my mouth shut and fought the problem if an infestation for 2 years, until i found out where they originat… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
I live in Massachusetts and my horrible neighbor is planting
I live in Massachusetts and my horrible neighbor is planting 3 trees less than a foor from each other right up agianst my property line (within inches) do I have any legal recourse to have them moved … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
I HAVE A FENCE ON MY PROPERTY THAT A NEIGHBOR INSTALLED
I HAVE A FENCE ON MY PROPERTY THAT A NEIGHBOR INSTALLED YEARS AGO. MY SURVEY SHOWS IT'S ABOUT THREE FEET OVER MY PROPERTY LINE. WHAT SHOULD I DO TO LEGALLY HAVE IT REMOVED? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is it legal to move a mailbox of a neighbor that is on your
Is it legal to move a mailbox of a neighbor that is on your property? … read more
Lori
Lori
Juris Doctor
1,324 satisfied customers
There is a neighbor interested in buying the house for what
There is a neighbor interested in buying the house for what I owe. But I'm a little concerned. First, although he seems to have decent financial resources considering his own property and vehicles, et… read more
socrateaser
socrateaser
1,031 satisfied customers
We are having issues with a neighbor over raising a block
We are having issues with a neighbor over raising a block wall for pool safety height. The wall has been raised already. My neighbor is saying she never authorized any of it. I had a conversation with… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,834 satisfied customers
6 neighbors have a shared well agreement. One neighbor wants
6 neighbors have a shared well agreement. One neighbor wants out of the agreement. I am looking for a form in order to do that. … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,859 satisfied customers
My neighbor wants in put a fence on his property, but
My neighbor wants in put a fence on his property, but doesn't know exactly where the property lines are. He has moved some of the property line pens.What can I do about this matter.Vicky … read more
Lori
Lori
Juris Doctor
1,324 satisfied customers
The next door neighbor is running a generator for 4 months.
The next door neighbor is running a generator for 4 months. There are 2 children in the house under the age of 13. The noise is affecting the tranquility in my home and my nerves are starting to actin… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,872 satisfied customers
My neighbor and I share a fence between our homes. Its old
My neighbor and I share a fence between our homes. Its old and falling apart. he won''t pay his half to repair the fence. What can I do?… read more
Walter
Walter
Just Answer Consultant
6,024 satisfied customers
I have a question about Utah water law. If an irrigation ditch
I have a question about Utah water law. If an irrigation ditch floods a neighbor's property, who is responsible to pay for the flood damage, the irrigation company or the neighbor whose property the i… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,834 satisfied customers
in tennessee if a large tree limb from a tree located on my
in tennessee if a large tree limb from a tree located on my property breaks off and falls on my neighbor's property (fence in this case), am I liable for the damage?… read more
BartEsq
BartEsq
Attorney
Doctoral Degree
674 satisfied customers
How can I deal with being falsely accused of noise ...
How can I deal with being falsely accused of noise disturbance in my duplex There are 6 units with 13 kids total and my two kids are being blamed for the noise. We are all friends and are kids play to… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,344 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x