Legal Question in Real Estate Law in Connecticut
Responsibity for providing property survey to a contracted landscaper/caretaker
Who has the legal responsibility, if any, of providing a contracted caretaker/landscaper with that property's survey when that caretaker's activities, which involve trespass and property damage to an abutting neighbor's land, results in a boundary line dispute between the caretaker and the abutting neighbor? The owner of the business has not made himself available. The abutting landowner is not challenging the business's A-2 survey. What is being challenged is both the company.s and the caretaker's lack of understanding of their own survey. The owner of the business has 2 A-2 surveys filed at the local town hall. The first was filed just after the building was erected, the second was amended and filed 9 years later. Pins were never put in the ground to mark either. The caretaker insists on using an outdated map form the tax assessor's office which states that the map cannot be used for dtermining boundary lines. Whose responsibility is it to provide that landscaper with that survey as well as an explanation of it - the business who has hired him or the abutting landowner? Isn't the business ultimately liable?
2 Answers from Attorneys
Re: Responsibity for providing property survey to a contracted landscaper/caretaker
If the caretaker willfully trespasses and willfully causes property damage, the property owner/business owner may not be liable. If the caretaker is causing the property damage while executing his duties, the property owner/business owner should be liable.
As far as this dispute goes, it seems that if the property owner/business owner will not make themselves available to you to discuss this matter, you may have to take this matter to court. The court will then compel the property owner/business owner to appear. (The caretaker is an agent of the property owner/business owner. The ultimate responsibility will rest on the property owner/business owner.)
Re: Responsibity for providing property survey to a contracted landscaper/caretaker
If the caretaker willfully trespasses and willfully causes property damage, the property owner/business owner may not be liable. If the caretaker is causing the property damage while executing his duties, the property owner/business owner should be liable.
As far as this dispute goes, it seems that if the property owner/business owner will not make themselves available to you to discuss this matter, you may have to take this matter to court. The court will then compel the property owner/business owner to appear. (The caretaker is an agent of the property owner/business owner. The ultimate responsibility will rest on the property owner/business owner.)
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