If our neighbors damaged our rock driveway in construction of their home, who is responsible?

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If our neighbors damaged our rock driveway in construction of their home, who is responsible?

Their house is downhill and now the rock is loose and erodes into their driveway in heavy rains. They are threatening us.

Asked on June 7, 2019 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

The contractors or company who did the work would be responsible, because they did the damage. A homeowner is not liable for damage done or acts committed by companies or independent contractors they hire, because they do not control those companies' employees or contractors or how they do they their work. You would sue the companies, etc. who caused the damage (assuming they will not volunarily compensate you).
However, you are responsible to your neighbors for the rock washing into their lot because that *was* under your control and is your responsibility: you write that you chose to make an "economical repair." Having chosen to not go with a secure type of repair, you are responsible for the consequences of that choice since this is something that you directed and controlled.


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