Legal Question in Personal Injury in Kansas
burnt fence by negligent neighbor
My neighbor received a burn permit for his property. I'm not sure what the rules are for a burn permit. He burned the grass on his property and the fire went from the street in front of our houses through the middle of our properties and came in contact with our privacy fence, as well as as close to 2 1/2' from our house. Th bottom side of our fence is now black and charred in a section that covers approximately 50' of our fence. The fire continued, now a 50' by 30' area of our grass is burnt and destroyed. I went to speak with my neighbor they acknowledged liability and I have taken pictures to record the damage. They said that they would pay for the repair, but I don't know what I could legally have them repair or replace the whole thing. I don't want a fence that was perfectly fine before to look like one that's been repaired and stand out. I frustrated and could really use some advice. Thank you for your time in reviewing this for me.
1 Answer from Attorneys
Re: burnt fence by negligent neighbor
Your neighbor was indeed negligent in allowing your property to burn. You have four options.
1) You can get an estimate for the fence repair, take it to your neighbor and have him or her prepay it. You are not entitled to a whole new fence. Some portion of it may be visibly repaired.
2) If you can find the name of your nighbor's homeowner's insurance company, you can file a damage claim with them.
3) If no agreement is reached and you cannot find the neighbor's insurance information, you can use the repair estimate to make a claim on your own homeowner's insurance. The insurance company will then pursue your neighbor for reimbursement due to the neighbor's negligence.
4) If your own homeowner's deductible is too high to make that insurance claim worthwhile, you can file a Small Claims case and use the repair estimate as your evidence of the amount of damage in court.
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