Legal Question in Real Estate Law in Florida

Real estate

Can a neighbor who knowingly neglects a termite infestation of their home that then infests your home be liable for your damages?


Asked on 7/10/07, 11:57 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Real estate

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

I am not aware of any statute or case that has said that a neighbor would be responsible. More importantly, how could you prove that the termites from a neighbor's home was the cause of termites in your home? The two infestations could be totally unrelated or in the alternative, the termites in your home could have infested the neighbors. It would be all but impossible to prove.

Scott R. Jay, Esq.

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Answered on 7/11/07, 12:42 am
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Real estate

Yes, but your burden of proof will be almost impossible to meet.

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Answered on 7/11/07, 3:32 pm


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