Q: Pre-existing damage to neighbor's drive-way by homeowners tree
Pre-existing damage to neighbor's drive-way by homeowners tree
Our neighbor told my husband and that one of our trees roots has caused damage to his driveway. We purchased our home almost 5 years ago and to what we recall, his drive-way always had significant damage to it (major cracks and uplifting). My question is, why didn't he ever bring this up to the previous owner. It's obvious this was a very long term problem. Now he is asking for our insurance information stating that his attorney said they would cover it. However, I feel that we are liable for the tree and now that we have been on alert we have to cut the roots or the tree but I don't feel we are liable for the damages that were created under the last owner. And they were significant before we arrived. (I even checked in google maps to be sure!)
A: New owners of a home become responsible for damage caused by their property to the property of neighbors, even if it occurred during the prior owner's ownership of the property. This type of liability potential should be built into the sale price, and as part of disclosures and/or due diligence it should be revealed and understood. The escrow and purchase agreement should address such disclosures and due diligence responsibilities. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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