Legal Question in Civil Litigation in Kentucky

Is my situation small claims material?

My neighbor has constructed a fence that is in violation of my neighborhood restrictions. Due to water backup from this fence, I have some damage to my property.

Question: I would like some compensation to repair my property, however the main reason for suit is to make the defendant fully comply with the restrictions by moving the fence back onto HIS property line. IS THIS A SMALL CLAIMS CASE? Thank you!


Asked on 5/07/04, 9:02 am

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: Is my situation small claims material?

"Small claims" was developed to expedite the collection of small (in ky under $1500) amounts of money. Your problem really does not involve damages so much as it involves property rights under the restrictions and covenants of your neighborhood and stopping a violation of those agreements. This would problably need to be addressed by Circuit Court. While small claims can be a "do-it-yourself" matter, this type of action should not be contemplated by the unknowledgable. The potential for harm is ENORMOUS. Speak with the other members of the neighborhood and if you have an association, speak to the officers. This may be able to be addressed by the neighborhood association and the association may have counsel on retainer to take care of things like this. Failing that, consult your own attorney or one knowledgeable in real estate law.

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Answered on 5/07/04, 12:46 pm


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