Damage to panel siding on neighbors house

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Damage to panel siding on neighbors house

My son put a lacrosse ball through the neighbors 4×8 masonite panel siding. The siding is over 50 years old and is no longer manufactured. I have read several pages that says replacement should be of

Asked on July 27, 2018 under Real Estate Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You have stated the legal standard correctly, but the application of it is very subjective--it comes down to a personal (e.g. by a judge) determination of whether the proposed replacement is close enough or not, and how much (or little) does the house now match. A judge could find that the substitute you found is close enough to do a single panel only replacement, though if the texture is different, a more likely outcome is that you'd have to replace all 8 in the back, so they do match: one panel not matching on a side of a house does stand out. It is highly unlikely that a whole house replacement would be ordered, since the back not matching the front or sides is fairly common. Given this, you may wish to agree to replace the back if you can afford to, avoid possibly being sued, spending time and money on the lawsuit, and losing anyway.


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