QUESTION
Who is responsible if my neighbor installed a fence that damaged underground pipe
Asked on May 31st, 2017 on Residential Real Estate - New Jersey
More details to this question:
Our neighbors put up a PVC fence where a chain link was. After many months we noticed our basement wall becoming saturated. We recently found that the water from our gutters is draining where our steel gate post sits. The gate is ours but the post on one side is attached to their fence as it was to the previous chain link. Don't know if it is damage from the pvc fence install or removing / reinstalling the steel gate post. We have been told that our basement walls have 75% and up moisture readings. Meanwhile we have all been sick with respiratory symptoms for many months. The fence was installed last March. Where do we begin?
2 ANSWERS
Anthony Van Zwaren
You have two potential claims one is for simple damages that might have been caused by the installation of the PVC fence (or gate post). The other might be for personal injury due to the alleged conditions in your basement. It would be much harder to prove the second since that would require medical experts testifying that respiratory systems were due to something like mold or other environmental condition and that such illness was directly related to whatever situation was created by the damaged underground pipe. Proving the property damage might be easier but you would also benefit from having a contractor or civil engineer or other expert examine the situation you mention about the PVC fence and the gate post. I am not sure about the gate post because it appears that is something you did, not your neighbor. I think you would first need to prove that the fence damaged the underground pipe, and again that means having someone who is expert in that field who can prepare a report that could demonstrate that is the case. Obviously, I think having an attorney assist you would be of help as this is not a matter I think that a layperson can handle.
Answered on Jun 01st, 2017 at 9:01 AM
2 Awards
I think you would have to begin by determining if the PVC pipe installation caused damage or rerouted the flow of water. ADditional water is going against the house some how and the cause and cure of that must be found. Until you know what caused it, you can't determine if someone else's actions are to blame.
Answered on Jun 01st, 2017 at 6:49 AM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship