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Property damage attorney question

Discussion in 'Other Off Topic Forum' started by Mera, Mar 7, 2013.

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  1. Mera

    Mera Formula Junior

    Aug 13, 2005
    768
    Milwaukee, WI
    Full Name:
    Rodney Dickman
    #1 Mera, Mar 7, 2013
    I'm not looking for a long well written response but: My mom has Alzheimers and has been living with her sister several hours away for a little over a year now. Her house is sitting unused. It is a smallish house in a subdivision built in the mid 50's. It has a detached 2 car garage. The garage floor is settling on the side towards the neighbors house. Recently I was over there and with some heavy rain the floor on the side side closest to the neighbor was flooded inside the garage. Maybe an inch of water. The neighbor for many, many years has had their basement sump pump (and the roof downspout) spill out into their back yard and is only several feet from my moms garage. My mom always complained that the garage was sinking because of the water the neighbor pumped out. But I do believe she never complained to the city. She did not get along with this neighbor and probably did not complain to them. The neighbor mom and dad have since passed away but the children seem to own the home and one son seems to live there. Or the house is vacant and he stops there to do upkeep. I'm not there enough to know but I know the neighbor on the other side of them and I can find out. So my question is does my mom (I have POA) have any leverage on this water damage to the garage? I want to sell the house this summer. Or can a claim be filed using her home insurance?

    Any advice would be very appreciated. I'm not looking to spend a lot to try and get a settlement. The house is worth around $90,000 or so. More if the garage was in better condition. I will sell it as a fixer upper. Before I start to get it ready to sell I want to find out if there is any chance of a water damage claim.

    Thanks
    Rodney
     
  2. Mera

    Mera Formula Junior

    Aug 13, 2005
    768
    Milwaukee, WI
    Full Name:
    Rodney Dickman
    #2 Mera, Mar 7, 2013
    To add: The garage is a on a cement slab. On grade I believe it is called. No foundation etc. There is a split more or less in the middle of the cement floor and the half closest to the neighbor is the side that has settled. The other half is basically OK yet.

    Rodney
     
  3. joker57676

    joker57676 Two Time F1 World Champ

    Apr 12, 2005
    23,767
    Sin City
    Full Name:
    Deplorie McDeplorableface
    #3 joker57676, Mar 7, 2013
    Property is not my thing, but I can give you a good recommendation in town if you want. Property damage like this would be a contingency fee case so no money out of your pocket.


    Mark
     
  4. Mera

    Mera Formula Junior

    Aug 13, 2005
    768
    Milwaukee, WI
    Full Name:
    Rodney Dickman
    #4 Mera, Mar 7, 2013
    The house is in Oak Creek, WI

    Rodney
    1990 348 TS
     
  5. Meister

    Meister F1 Veteran
    Silver Subscribed

    Apr 27, 2001
    5,516
    Duluth, MN
    Full Name:
    The Meister
    #5 Meister, Mar 8, 2013
    Just some random thoughts without really seeing the actuall site....

    A lot of subdivisions of that time in northern climates were essentially designed to have runoff areas between then. A slight drop on the sidevof each lot to direct water away and towards the street or out the back. Obviously not seeing the lot I'm just talking here, but it might be hard to say/prove the damage was directly from the sump pump. Natural water flow off the roof of and around your garage would find its way into this common area too.
    Obviously common sense says that any addition pumping is going to increase water flow, possible frost heave and such...but we know our legal system isn't known for its common sense.
    Best of luck
     
  6. 88MONDIAL

    88MONDIAL Formula 3

    Apr 13, 2005
    1,052
    Racine, Wisconsin
    Full Name:
    Jim Smith
    #6 88MONDIAL, Mar 12, 2013
    You have to wait until at least mid April or so, but I'd just have it mudjacked. It would probably only cost $400-500 is my guess. That should bring that corner up more to spec and look much better. They will give you a free estimate by checking it out. They can come out before the "season" begins.
     
  7. Mera

    Mera Formula Junior

    Aug 13, 2005
    768
    Milwaukee, WI
    Full Name:
    Rodney Dickman
    #7 Mera, Mar 12, 2013
    The whole side of the garage is trashed. The bottom boards are all rotted and the wall in slowly compressing downward. The side is buckling on the outside some.

    Rodney
     
  8. roadracer311

    roadracer311 Formula 3

    May 6, 2009
    2,398
    San Francisco
    Full Name:
    Paul
    #8 roadracer311, Mar 12, 2013
    If she never complained to the neighbor about it I would say that the right thing to do, is not to blame the neighbor about it.

    Here's an example: Say the neighbor kids were playing catch with a baseball near my car which was parked and under a cover, and I worried about them denting my car, but didn't say anything about it for several years. Then after 5 years, I come after the neighbors for the 50 dents in my car. Yes, they would probably owe me the money, legally. But I don't think it's the right thing to do, because in that case, I could have easily saved them and myself the trouble by talking to them before it became a problem.

    I think this goes double, because the people who are there now had nothing to do with the original situation.

    I'd definitely check to see if your homeowner's insurance will help.
     
  9. bpu699

    bpu699 F1 World Champ
    Owner Silver Subscribed

    Dec 9, 2003
    17,699
    wisconsin/chicago
    Full Name:
    bo
    #9 bpu699, Mar 12, 2013
    I own a small beachfront house. The neighbors house is a piece of shat, with no gutters, 5 feet from my house. My foundation is brick, and crumbling due to this...

    I was told that legally, nothing I can do. I can't make him divert the water, as it technically lands on his property first.

    You may be outta luck here...

    Bo
     
  10. Mera

    Mera Formula Junior

    Aug 13, 2005
    768
    Milwaukee, WI
    Full Name:
    Rodney Dickman
    #10 Mera, Mar 13, 2013
    I believe this to be the bottom line. Thanks

    Rodney
     

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