Legal Question in Real Estate Law in Connecticut

property damage

during a 4th july party, my neighbors hedge caught on fire, I ran to assist with putting out of the fire, which I assumed happen from fireworks that I had. The damage was done to the top 1'of the hedge which is 8' tall and 100' long. The owner of the home has since contacted me and demanded that I replace the hedge,that he stated he didnt like with a fence or new hedge to the tune of $17,000. I have spoken with a arborist and the hedge can be trimmed and will more than likey grow back fine. I dont know for a fact that my fireworks caused this fire, the police where at the scene along with fire dept. and no one interviewed anyone, no charges filed. I made what I felt to be a good neighbor gesture and offered to have the hedge trimmed, do I have any furth or any legal obligation to this neighbor. I sat down with the neighbor and he said that he would do me a favor and only install 6' trees and save me several thousand. I said if your willing to have 6' then let me trim the existing hedge. He refused. I left, stating that he can contact me again when he is being reasonable. How do I proceed?


Asked on 7/20/06, 9:17 am

1 Answer from Attorneys
Andrew Magwood Andrew A. Magwood Attorney at Law

Re: property damage

I would not continue talking with the neighbor about this matter - you are in "pre-lawsuit" phase. Whatever you say to them can be used against you in court - even innocent "good neighbor" talk can be misconstrued. You should do two things pretty rapidly - contact a defense attorney and check your homeowners or other liability insurance policies that you may have. Remember in court the neighbor will have to prove liability (that you are the responsible party) and damages (the actual value of his loss).

I would be happy to discuss this matter further with you.

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Answered on 7/20/06, 9:32 am


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