Legal Question in Real Estate Law in Maryland
damage to property
Our house in MD has been on the market since the spring. We moved to NC and have our son check on the house periodically. Today our son called, upset, to report that about 18 feet of a ten yr old hemlock hedge had been pulled out, a young maple tree destroyed and a huge hole dug with heavy equipment in our front yard, which is now a mud pit from all the activity. On investigation it seems the Town contracted with a company to do some water pipe work, and, we believe, a main pipe burst flooding our yard and possibly our crawl space. The hedge and tree were apparently removed to provide heavy equipment access to our yard for extensive digging. We spoke with our neighbor who informed us that the contractor did some damage to her yard, too, and never did attempt to inform residents that they would be on anybody's property. Our real estate agent's sign was in the front with his name and #, but even after the fact no one called him.
My question is: what are my rights and, bearing in mind that any curbside appeal on my house has been destroyed in an extremely slow market, is it worth my while to contact a lawyer and sue for damages? Should I sue the Town or the contractor?
1 Answer from Attorneys
Re: damage to property
First, check with your insurance company to see if you have coverage for this. If you can establish that the contractor was responsible for the main pipe burst, he should have adequate insurance to cover this--I would think this is a contract requirement. As to the sale of the house, without an offer in hand it will be difficult to prove that this incident delayed the sale, even though it seems logical. If you have to sue, I'd include the town, although it's a tough case against it.
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