Legal Question in Civil Litigation in Illinois
Property Damage
Recently, my neighbor's sewer needed to be replaced and in order to get to the main connection in the easement, the plumber had to dig through my yard. Since my yard is not an easement and is actually MY PROPERTY, who is responsible for fixing my fence, grading the yard (backfilling the dirt), and re-seeding my lawn?
We did give the plumber's permission, because they said it would be minimal damage to our property (it wasn't minimal). Estimate from a contractor to do the nec. work was $450 and neighbor says she is not responsible more so because the plumbers ''raped her on the price'' and has no money or responsibility for our yard.
2 Answers from Attorneys
Re: Property Damage
Both the plumber and the neighbor are probably responsible for the damage, however the matter is made more complicated if when you gave the permission you didn't condition the permission on returning the property to its original condition.
Shell Bleiweiss
http://www.shell-bleiweiss.com
Re: Property Damage
Sue both in small claims. The plumber should have incorporate the cost of restoring your yard in his bid and then repaired the yard. He is the one actively at fault. However, an argument can be made that he was an agent of your neighbor or acting on her behalf and that makes her responsible, also.
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