Legal Question in Real Estate Law in California

Neighbor damaged my property
Hello, I am in California. My neighbor recently requested access through my back yard to enable a swimming pool to be built in his yard. We drew up a contract, and I included that the neighbors agreed to ''All damages to property or vehicles need to be repaired''.

The construction company subsequently damaged our concrete driveway with the tracks from a bobcat mini-excavator. The neighbor obtained qotes from contractors for the repair involving an acid treatment, but no contractor could agree that the repair process would be a success. The neighbor said he would not proceed with the possibility of destroying the driveway, and insists that I give him written instructions to do so. He then gave me a verbal offer of $500 for the damage, I refused, as a new driveway will cost $3000.

I do not want to assume the responsibility for the repair if it goes wrong, I am not a concrete expert. This seems to be heading to the claims court, so any advice would be GREATLY appreciated. Many Thanks

Asked on 8/10/05, 12:41 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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Re: Neighbor damaged my property

Here are a few suggestions:

(1) Negotiation is almost always better than litigation, and this is especially true between family members and neighbors....you can't just walk away from anyone that close in the future.

(2) Buy and at least skim a paperback self-help law book on "how to prepare and win your claim in small-claims court" or the like; Nolo Press and several others publish these.

(3) Look for the right engineering solution. You might want to consider getting evaluations and estimates from your own contractors. The depth of the penetration may determine whether acid treatment or resurfacing is better. In any event, you are better off in small claims court with evidence (as to cost of repairs) from your own source rather than the defendant's.

Answered on 8/10/05, 1:01 pm

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