What to do about potential damage to my property caused by my neighbor’s lack of maintenance of their porch?

My rowhouse front porch and floor has been damaged from lack of maintenance on my neighbor’s porch. I filed a claim with their insurance company,t hey was found 100% responsible and I was reimbursed for my repairs. My neighbor has not fixed the underlying problem and I anticipate continued damage to my new porch and floor. Their insurance company dropped them because they refused to repair the underlying problem (neglect of gutter system). I now believe they has no insurance even though they have a mortgage. What should I do next if I have further damage?

Asked on March 14, 2011 under Real Estate Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there is further damage for which they are responsible, you can sue them--you are allowed to sue people if they don't have insurance. All insurance does is provide a mechanism for  paying. So, assuming you think the neighbors have money to pay any judgment against them, if you suffer more damage, you could bring a lawsuit against them and try to collect. You might also be able to sue them for injunctive relief--that  is, for a court order forcing them to fix the problem that is damaging your home. You may wish to speak with a real estate attorney to discuss this situation and see if looking for injunctive relief is a viable and effective option for you. Good luck.


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