QUESTION
Does a property shifting considered "An act of god" if it has caused damage to my property?
Asked on Oct 15th, 2014 on Business Litigation - Florida
More details to this question:
At my beach front motel, the neighboring house's property has shifted and caused damage to the wall that divides our lands. The wall has been there for a very long time and is just now about to tumble over because their property is pushing up against it. Can we make them pay for the damages or is this going to be considered "an act of god"
1 ANSWER
I'm not sure where "act of god" comes into it unless you're concerned with insurance coverage. Has the neighbor's negligence, either in failing to maintain or reinforce the wall (assuming that the wall is on their property and is therefore their responsibility) or in failing to take reasonable steps to prevent the shifting, or in some other way, caused you damage? If so, you may be able to make them (or their insurance company) reimburse you for those damages.
Answered on Oct 16th, 2014 at 10:01 AM