What are my rights against a builder of neighboring house for causing damage to my driveway?

UPDATED: Sep 17, 2010

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 17, 2010Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are my rights against a builder of neighboring house for causing damage to my driveway?

I purchased a home a little over a year ago. This month they finally began to build a house next to mine. When they dug foundation for new house it caused large portions of my driveway to collapse. I have been unable to use my driveway or garage for the past 3weeks. The builder says he will replace the driveway in spring of 2011. Can I get some sort of compensation for this as well as a guarentee that the driveway will be replaced properly/

Asked on September 17, 2010 under Real Estate Law, Pennsylvania


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

May I ask: do you think that the builder will enter in to an agreement with you voluntarily acknowledging that he is liable for the collapse and that he will re-build and repair and compensate you for your "loss of use?"  If yes, then seek an attorney's help in drawing up such a contract.  If not, then seek an attorney's help in preparing a lawsuit against him and add the owner of the property just to be sure, as the builder here may be seen as the "agent" of the owner.  Please be smart and go out and take pictures - and a lot of them - of the condition of the driveway and your inability to use same.  Take pictures of his crew working and any trucks, etc., with his name on the side. Report the damage to your insurance company too as they may take over the matter for you. And get yourself an engineer out there to asses the damage.  I would be concerned here that the driveway collapsed for structural reasons.  Good luck.

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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption