do you have some kind of easement or something???
Posted on 08/22/2007 5:02:56 PM PDT by cmsgop
My Drainfeild is on my neighbors land across the street, he decided to cut about 30 80FT Doug Firs on my drainfeild crash ,boom,bang, as well as a couple of 30 ton Cat's to push them around,(all on my drainfeild) two pipes are damaged as far as I can see. My Question is does my homeowners insurance cover this, because I can't find the wording in the policy. I am kind of afraid to call them because I don't want a Ding, Any Thoughts on this??? Thanks Guys. BTW The Homeowner knows he's in the bad for not checking with the Health Dept for the As-Built.
Call your insurance company and ask them. If not covered, hire a lawyer.
You need to talk to a lawyer, not an insurance agent.
do you have some kind of easement or something???
Yes
Find out who your neighbor hired to cut down the trees. Call and tell them about the damage because they need to report a liability claim to their insurance carrier.
My question precisely. If you do not have legal title or an easement to the property in question, you have no case.
To get an easement if you don’t have one, you’d have to claim easement by pre-existing use, which may not be allowed by your state.
You need a land use lawyer to sort this out.
If you contact your insurance company they will probably contact him to get his insurance to cover it. If he has no insurance then they will probably have to fix it. Maybe!!! One never knows what a lawyer or insurance co. will do.
I have an easment,it’s in my Title
Send your Dogs to go poop in his yard and you’ll be even.
He has a Ridgeback, I have a Shih-Tzu, you do the math,LOL!
“I have an easment,it’s in my Title”
Woa.
Do you have an easement or do you have title to the land?
Does your neighbor have an easement also? Whose name is the land in?
If the land is in your name, does your neighbor also have an easement?
If the land is in your name, why do you need an easement?
Don’t hire a lawyer until you a) figure those questions out and b) go talk to your neighbor to resolve this.
Of course, if you litigate, only the lawyers will break even on the deal.
“Do I call a Lawyer or the Insureance Agent?”
Call the tree trimmer’s insurance agent.
Questions: Why is it on someone else's property?
Does your neighbor know that it belongs to you? Did you specifically ask that this be included in your policy?
Does your insurance company know that it is on property that does not belong to you? Does your policy specifically cover or exclude this item?
Did you describe this to your agent when purchasing coverage?
I have sold homeowners policies and do not regularly see coverage for things that are not part of your home, built on another's property. Extended coverage usually refers to personal property or to separate structures on the insured property.
You must contact your agent and also an attorney for advise on this. It may be that in your state, there is coverage for this built into the standard policy, but without asking, you will not know.
Good luck with this.
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