Legal Question in Real Estate Law in New Jersey

Statue of Limatation on Sueing a Bilder and Town

When my house was built the builder was allowed to install underground oil tanks for the purpose of oil heat. He installed very thin ones. The town allowed this to happen. This was in the Early 80's. Now, this oil storage tank leaked. It has entered the groundwater that now is being cleaned to DEP standards. My deck and sidewalk had to be removed. I have a water tank in front of my house, also a porta potty. Holes 20 feet deep, Belgim Block taken off my driveway. A big mess. I am getting frequent headaches from this spill.

My insurance company took a while to approve it because she went on Constant Vacations all summer and slowed up the process. She said , well all you can get is a headache. Well, how would she like it if it were her getting one. Because of winter weather conditions the job is taking longer.

Is the town or builder liable for allowing this to happen in the first place? Do I have a case?


Asked on 1/10/05, 9:59 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Statue of Limatation on Sueing a Bilder and Town

If the tank originally installed complied with the Building Code at the time of installation you have no claim. Having been through this myself, my only suggestion is to contact your oil delivery company and take available insurance, for a nominal annual fee. This will cover costs of replacement and clean-up. My other suggestion is to upgrade the replacement tank, possibly using a fiber glsss one. If the tank was not up to Code, you may have a claim.

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Answered on 1/10/05, 10:31 am


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