Fredericksburg, VA asked in Small Claims and Real Estate Law for Virginia

Q: Question about property damage liability

We live in a townhome. A squirrel entered our attic from a hole made by a squirrel from the outside of the neighbor’s roof. The squirrel entered the neighbor’s attic via the roof hole and ate their way over to our attic. The squirrels have nested in both attics. Our roof’s surrounding wood frame is fortified with metal over the wood so the squirrels can’t chew I but our neighbor’s wood is exposed and allowed the squirrel’s to chew a hole to the inside. Who is liable for the trapping, waste clean up and repairs?

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1 Lawyer Answer
Glenn B. Manishin
Glenn B. Manishin
Answered
  • Warrenton, VA
  • Licensed in Virginia

A: From the facts it is more likely the neighbor would be held responsible for the damages, but not that "liability" requires a court judgment, so it would be in your financial and time interests to work things out in lieu of suing in small claims court.

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