Legal Question in Real Estate Law in Kentucky
liability condition on property
A sink hole exists on your property and spreads to the next door neighbor's property. Someone falls in a hole at the next door neighnbors. Who has liability? How can you protect yourself from a possible suit? Can you sell the portion of the property that contains the sink hole to your neighbor who has offered to buy it?
1 Answer from Attorneys
Sinkhole on property
If you fence off the sinkhole and put upwarning signs on your property, you have noliability for someone falling into the sinkholefrom your neighbor's property, any more thanif someone fell from a highwall which ran from your property onto your neighbor's property andthe fall occurred on your neighbor's side.
There is no reason you cannot sell that portionof your property containing the sinkhole.You will need to contact a lawyer and asurveyor because you will need a descriptionin metes and bounds of the tract you are selling.You should probably also have an engineerdo an inspection and tell you how big the sinkhole is going to get so you can sell theentire tract where it will be. If it is overa deep mine with a collapsing ceiling, itcould work its way to your house, yourbarn, etc.
The State of Ohio had a problem with just sucha sinkhole on Interstate 70 in Guernsey orBelmont County and it cost millions to makeit right.
Good Luck!
==========================================================If applicable to this message: "This transmission does not create an attorney-client relationship. I will not be rep-resenting anyone without a written agreement signed by all parties. Answers to questions are for general information only and should not be construed as legal advice in any particular jurisdiction. If you need legal advice for a specific legal problem seek the services of a knowledgable attorney in your area or locale."===========================================================Where people fear the government, you have tyranny. Where the government fears the people, you have liberty. Thomas Jefferson===========================================================