Damaged to my property

[newwife03]

What is the name of your state (only U.S. law)? TX**************..My property was damaged by the home builder that is building a house next door to me. they have damaged my yard, cracked my driveway. The house has a sold sign on it now but it is not completed. We have talked to the home builder and he pretty much said he will not fix it. What can we do to get the damaged fixed to the yard and driveway? Can we file a lien on it? Thanks.

[Tallrat]

Have a lawyer send him a letter stating you want damaged repaired or paid for via certified letter. Take him to small claims court if he ignores it. Take pictures and have any witnesses ready.

[JETX]

Originally Posted by newwife03

What can we do to get the damaged fixed to the yard and driveway?

First and foremost.... DOCUMENT everything. Take pictures or video of the damage. Get estimates of the repairs.

Second... write a VERY nice professional letter to the builder and send it certified RRR. Include a 'demand' for payment, a copy of the estimate(s) and a deadline (5 business days from receipt).

If they don't step up and resolve the issue... then you need to go to the local small claims (justice) court and file a lawsuit against the builder.

Can we file a lien on it?

Not at this time. Texas law has specific circumstances where a creditor has the 'right to lien'. In your case, the only way you get that 'right' to place a lien on the assets of the builder is to have a valid, final judgment first.