Exterior damage caused by neighbor's house fire-my insurance pays
14 years ago
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- 14 years ago
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Neighbor's regrading causing a flood
Comments (14)Here is are a couple of links on the law of drainage and floodwater: http://en.wikipedia.org/wiki/Drainage_law http://www.udfcd.org/downloads/pdf/critmanual/Volume%201%20PDFs/020%20Chapter%2002%20Drainage%20Law%202001-01.pdf Per the second link, New Jersey seems to follow the "reasonable use rule," where courts consider the following factors: 1. Was there reasonable necessity for the property owner to alter the drainage to make use of their land? 2. Was the alteration done in a reasonable manner? 3. Does the utility of the actorâÂÂs conduct reasonably outweigh the gravity of harm to others? I would consult a local attorney on this matter as to how the courts are likely to apply these factors to your situation and as to how any other laws and regulations (like building permits, etc.) applies the dispute. Also, I wonder if there is any way for you to resolve this issue in a less adversarial matter or if we are too far gone to do it. You do live next to each other, so if a fight can be avoided, it's preferable. Another thing to be considered: Is there some way for you to divert the flood water via work done on your land? The "reasonable use" rule would seem to give you the right to do what is reasonably necessary to alter the drainage on your land as long as it is done reasonably....See MoreFire Damage - Insurance Claim Question
Comments (4)You said the key word: tile. Tile, like brick, is hard to color match. The color differs from firing to firing. Usually, all the tile for one roof comes from one batch of kiln firing. Look into other tile makers to see if they can come close to matching the style and color of your tile. You'll need to take along a sample tile. One alternative would be to remove all the tiles from the roof section that will be rebuilt and mix the old tiles with the new tiles. The roof will have a shingled effect rather than a continous color. However, this is a lot of work and it appears that your insurance company will not cover the extra labor. You may have to hire a lawyer or offer to pay for the extra labor. There is an upside. From your description, your house may have been saved because it had fire resistant roofing material. Remind your insurer that they could have been paying for an entire house, not just a roof repair....See Moredocumenting neighbor's tree issue with insurance company?
Comments (14)ok great feedback, thanks issues are going to be 1) the local municipality is not going to give the slightest of you know whats. This is a county where 4 bridges have been out since Hurricane Isabel in 2003 and they only had the money to get one fixed a couple years ago. I'm not in a town that might have more rules. And there's not an HOA applicable in this case. (thankfully! had one in NoVA and wished never to deal with one again) 2) he's not going to hear me out at all. In fact if I said something it would just inflame him. The soothsaying local hayseed landscaper has clearly convinced him the tree is in just fine condition...and loves coming out every couple years and making a big production of making sure it stays that way. For example it lost some branches in the big ice storm a couple springs ago. It's in his interest to keep making money off it until a calamity strikes. I'm assuming they will protect it against EAB when it gets here. 3) I would possibly speak with the landscaper when he's over there...which is fairly often because the neighbor guy spends a lot of money "taking care" of his yard...but I'm pretty sure he remembers me and we have a bit of a history. He doesn't like me. We'll leave it at that. Fortunately I found someone much better and cheaper to provide tree trimming services. I like my idea of just printing some photographs - they will have the date on back I've just realized - putting them in my safe deposit box and being done with it. Then let the insurance companies duke it out if it comes to it....See MoreDid my roof repair cause this internal damage?
Comments (16)I have dimples on front porch ceiling near porch/home wall. suspended ceiling above interior wall has water stains. 150 year old home with plaster lats above suspended ceiling. plaster runs across ceiling tiles. Everything is screwed up here. Abundance of rain this spring showed leakage along valley in attic snd at valley/knee wall junctions. Water migrating across ceilings and down walls. Tracked all water migration from top down through crawl spaces and into living space. second floor all unfinished attic. So ridge vent leakage obvious. most homes all insulated and dry walled so that leakage can go on 10 years till your warranty is done before water drips thru. My home does not lie. it is all right there. They say home is old like it deserves to be destroyed. Going on five years now. An attorney and over 80 pages of pics is finally getting results. This week i hope. So when i see puckers like that, alarm bells go off in my head....See More- 14 years ago
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