who's responsible?
luanne
22 years ago
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marcos_ktc_com
22 years agoRelated Discussions
neighboring trees dead and dangerous - who's responsible for what
Comments (13)We have the opposite end of this - when we bought the house, we didn't notice the large gash (a long-ago healed lightning gash) in the ENORMOUS pine tree that's just barely on our side of the property line. A couple years ago, the house next door sold, and the new neighbors freaked out. The gash faces them, so they noticed it. They asked us to cut the tree down. Problem is, it would take a crane to get the thing out - it's easily 20-30+++ feet above the roofs of the houses. To get in there, the crane would have to drive over our leach field, which would crush the entire leach field and require replacing the field afterwards. I shudder to think of the bill. Frankly, the tree looks healthy to me. It's still vigorous and doesn't drop branches any more than other trees around. To be safe, I had a tree guy come by. He told me he thinks it will stil be here for years and years, and all the above about the crane. He only knew of one person around who *might* be able to handle the work. I should have asked him if he'd write all that down so we don't look negligent, but I didn't think to, because I really don't think anything will happen. All our houses nestle in the woods. We're the type to figure out how to live in harmony with that. The neighbors let a logger in last summer to clear-cut their entire yard. (I think they're not into living in the woods.) When they had the logger in there last year, I tried asking the logger & them to go the last bit and get the tree, but the logger would never discuss it with me. (I'm not sure he had the equipment, given that it's between both houses.) And the neighbors didn't try and help solve the problem. If they wanted it solved that badly, that would have been the time to do it - we could have gotten a crane in through their clear-cut yard, which was obviously torn up already. We would have been happy to give them permission at that time to get it cut down on their own. We don't have the huge amount of money sitting around that it would take to get the thing out, and an expert's told me it's just fine. They're not actively hostile or anything, but I do know they think we should get it taken care of. What do you do in a situation like this?...See MoreLeaking bathroom-who's responsible?
Comments (2)You need to check your co-op bylaws and rules. There's usually something there about who is responsible for what with leaks--depending on where the leak is, the co-op could be responsible or the owner of the unit. The thing to know about water damage is that water runs along the path of least resistance. It also runs downhill. Frequently the first sign of trouble with bathroom plumbing is on the ceiling of the room below the bathroom. So it's not impossible that you had a leak that you never saw, and that the ceiling below your bathroom was damaged and needed to be repaired and repainted. If the leak was long-term, there may have been mold that needed to be treated. You need to get a neutral inspector in there to determine exactly where the leak is. Then you need to check the rules of the co-op and the laws of your state--those laws vary from state to state, so you need to seek guidance from someone familiar with your state's laws....See MoreWho's responsible for cost to remedy?
Comments (28)Talking to a lawyer is good advice - as long as you don't toss the "L" word around to the other parties! A lawyer specializing in construction law will give you guidance on how to deal with them and have an idea of who really is responsible so that you can push on the right party and negotiate more effectively. I talk to legal all the time at work - but I don't threaten to sue people. I do it so that I am negotiating from a position of strength and knowledge. Having a coach in the background is a great idea and I expect the lawyer wouldn't recommend threatening to sue them - because mostly that just stops the talks and the lawyers come out the only winners. I guess that people always assume that when you say to talk to a lawyer, that automatically means you are going to sue someone. Nope. BUT... you can understand what the LAW is and know how to push things forward, knowing your fallback position is strong / weak, etc. You have a lot of finger pointing going on and sometimes the law is rather esoteric on this. If it's a big expensive fix, no one is going to volunteer to pay for it. And their insurance companies will also fight to not have to pay. Why not have your own expert? You are the "newbie" here. These folks do this for a living, have insurance, etc - and you are flapping in the breeze at their mercy. To me, that's not a good feeling or position....See MoreContractor - Additional damage during repairs, who's responsible?
Comments (2)Thanks Joseph - At least I was smart enough to get a copy of his insurance certificate. I'm even willing to pay for a portion - There was a chair rail in part of the room and the color was different below the chair rail. I figured since it had to be repainted anyway - remove the chair rail and pick 1 new color. I would say It's about 1/4 of the job BUT they also told me they'd have all the tape removed by Friday so we could clean the basement and "move back in". They didn't, so I spent a few hours on Saturday with razor blade to make sure I didn't peel the paint when removing the tape just so I could vacuum and dust up the sheet rock dust....See Moref_hyattmeowie_yahoo_com
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