Damaged Property: Know Your Rights

Your Rights: When A Neighbor Damages Property

CHARLOTTE, N.C. -- Do you know what your rights are if your neighbor damages your property?

The rain comes down fast and furious.

Dave Forrest says, “The water comes off the roof at this point, comes over the gutter and pitches down into my yard.”

Forrest is more than a bit ticked when the rain shoots off the roof of the home under construction next door in Dilworth.

Forrest says, “Every time there is a heavy rain, we get a flood of mud across our property in the front and the back.”

The home construction began last December. Dave and his wife Laurie say the process has damaged their property, destroyed their landscaping and washed mud under the house and all over their brick paved sidewalk in front, so much so, they have been unable to even use the front door at times.

Laurie says, “You have to be careful where you walk or you’ll have muddy shoes; it’s just a real mess.”

So what are your rights if a neighbor damages your property? Bottom line, if you broke it, you’re obligated for the fix.

If you’re on the receiving end, you can hire a lawyer, or work with their insurance company.

Best advice? Do what Dave and Laurie did: document with photos and video, and before building starts, take before photos.

As for the fix out here, the developers say they are currently working with their insurance company to settle the issue and they promised me on the phone they would make things right as this project is wrapping up.

As for Dave and Laurie, they hope promises are kept, and their mud yard is replaced with the landscaping they once put in themselves.

Laurie says, "We just love our house and we want it back the way it was.”

Copyright 2016 WFMY


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