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  1. #1
    Beatrix Potter is offline Junior Member
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    Neighbor complaint liability

    What is the name of your state (only U.S. law)? Louisiana

    Neighbor says rain water from my garage roof falls on her fence and rots it. Wants compensation. Am I liable?What is the name of your state (only U.S. law)?
  2. #2
    Kiawah is offline Senior Member
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    You didn't provide your view of the facts....does your rainwater drain there? Is her fence rotted, there and only there?
  3. #3
    Beatrix Potter is offline Junior Member
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    Neighbor Complaint Liability

    Rain water from my roof does not fall directly on her fence. I think she would have difficulty proving that rain water from my roof was the cause rather than just rain in general rain falling on her fence. Her fence is not in good condition in other parts of her yard that are not between the two garages. Her brother is a lawyer so no expense to her to try to collect for repair. But I would have to pay for a lawyer to prove I am not responsible for the costs.
  4. #4
    justalayman is offline Senior Member
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    Neighbor says
    but is it in fact true?
  5. #5
    FarmerJ is offline Senior Member
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    Bea first thing, learn from your city if at the time your garage was built if it met zoning code for setbacks if any at the time It was built, THEN learn if your city has any ordinances addressing rain run off from roofs in regard to gutters being needed or not. If you learn that your not required to put up gutters with downleads then thats the end of it. OTHER wise if you know more facts about the nieghbors fence that info will help you, LIKE how old is it ? Was it built from treated or a rot resistant wood? If the fence was built of a cheap softwood like pine and is quite old then your arguement can be the fence is old and you have nothing to do with it. Your neighbor can threaten all they want BUT proving your responsible for the damage is another thing, Do your self a big favor take pictures of the fence now before any parts of it are repaired or replaced, have the place you take the film to date the pics , keep your reciept with the pics. This will give you something to show a court if you must the fences conditon and age.
  6. #6
    justalayman is offline Senior Member
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    Quote Originally Posted by FarmerJ View Post
    If you learn that your not required to put up gutters with downleads then thats the end of it.
    I pretty much agree with the rest farmerj but not this part.

    Regardless of whether gutters are required or not, if you build something that impacts anothers property adversely, you are liable for that damage.

    One of the easiest situation to see it is when you divert water flow when building. If that flow now damages the neighboring property, you are liable.

    Similar to altering the lay of the land. If you grade and it causes the neighboring land to washout, you are liable.

    Allowing your runoff from a building would be seen the same way. It was not a problem until you built so because you built, it is your duty to not damage any neighboring property by building.
  7. #7
    HomeGuru is offline Senior Member
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    Quote Originally Posted by Beatrix Potter View Post
    What is the name of your state (only U.S. law)? Louisiana

    Neighbor says rain water from my garage roof falls on her fence and rots it. Wants compensation. Am I liable?What is the name of your state (only U.S. law)?
    **A: you are not liable unless the garage roof does not conform to zoning and building codes.

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