Q: Damages on commercial property. Severe damage to my building from my neighbor's trees and landscaping.
The commercial property owner neighboring my commercial property raised the ground elevation behind my building to provide landscaping. A tree and shrubs were planted there and the root systems egressed into the lower wall of our building compromising the building stucco and pushed the wall stud framing off the floor plate. Extensive structural damage to my building including water damage. Who is liable for repairs?
A:
It sounds like your neighbor would be responsible. There are plenty of unanswered questions, and this may actually be more of a tort law issue than a real estate one.
Have you consulted an engineer and/or architect regarding the cause of the structural damage? If it was either the earth work or the plants themselves, it sounds like your neighbor is responsible, but it will be important to know and have evidence regarding the causation.
Take photographs, get statements from engineers and/or architects regarding the damage and the cause of the damage, and get a couple of estimates for the cost of repair. Then go see an attorney or two. Good luck to you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
