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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.


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