Can a contractor for neighbor repairing neighbors swear line tear up your yard and not bring my yard back to having grass?

UPDATED: Aug 21, 2015

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Can a contractor for neighbor repairing neighbors swear line tear up your yard and not bring my yard back to having grass?

Currently have sunken mud hole.

Asked on August 21, 2015 under Real Estate Law, Arkansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

No, the contractor has no right whatsoever to do this it doesn't matter what he was doing for your neighbor or how urgently he needed to access your lawn/yard, he has NO right to damage your property. Anyone who damages your property either intentionally i.e. he knew what he was doing or negligently unreasonably carelessly is liable or financially responsible for the cost of the damage. You can and probably should sue the contractor for the cost to fill in, sod, landscape, etc. the yard back to its prior status if the cost would be less than the limit for your small claims court, a good option would be to file in small claims "pro se," or as your own attorney not only will  you save legal fees, but small claims cases move faster. There is a reasoanable chance that after filing the lawsuit, the contractor will agree to pay something to settle the matter and avoid litigation.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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