What are my rights against a builder of neighboring house for causing damage to my driveway?
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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
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 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.
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