Legal Question in Real Estate Law in Massachusetts
My home is 140 yrs. old and abuts a barn. My asphalt driveway went up to the barns foundation. There was a crack in the foundation and a sinkhole in my drive way for about 20 years. Every 5 years or so the barn owner throws cold patch in the hole. This summer the foundation was washed out in a rain storm. the barn was condemned and torn down. The owner told us he "had to fix" our driveway. He threw some gravel in the hole and that was it. The barn was insured and rented. How do I get a new driveway out of him or his insurance company?
Susan
1 Answer from Attorneys
You need to demand that the driveway be put back in the same condition it was before the damage. You have to pull the easement or title document that relates to the driveway and the barn first. Once it is understood as to his obligations you need to send a letter demanding that the repair be done properly. Get an estimate from someone as to the cost of doing that repair properly.
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