Neighbors hired plumber, tore up the lawn of our listed property

[clshannon478]

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

Our house is vacant and listed for sale. Every weekend my husband goes to maintain the property and do renovations. Two weeks ago he arrived to find out the lawn on one side of the property was completely torn up, and that someone damaged the newly refinished porch along that side of the house. After speaking with a neighbor we found out the owner of the property next to ours had hired plumbers to replace a pipe and that were the ones who dug up the yard. However, it's been two weeks and we've yet to receive any response from either the owner of the property or the contractor. Any suggestions on the best way to proceed?

We have taken photos of the damage but we are under pressure to do the repairs in order to get the property sold. Thank you for any suggestions.

 

[swalsh411]

So make the repairs and sue the plumber.

Is this neighbor willing to testify for you?

 

[clshannon478]

We've started repairs today.

The neighbor we spoke to is willing to sign a statement, however that would be the only proof we have regarding who was responsible. Would this along with the photos of the damage be enough for a lawsuit?

 

[justalayman]

and if the plumbing company says the neighbor said they had permission to dig up the lawn or that it was actually the neighbor's property? They could be an innocent party in this.

If you sue, sue both the plumbing company and the neighbor.

I would get the name of the plumbing company from the neighbor. If they don't have it or refuse, I would go to the building department and ask who was the company on record for the work (plumbing work in Indiana requires a licensed plumber and almost anything requires a permit so it is likely there is record of this). Then I would contact the plumbing company to attempt to get some info, from their perspective.

 

[Mass_Shyster]

We've started repairs today.

The neighbor we spoke to is willing to sign a statement, however that would be the only proof we have regarding who was responsible. Would this along with the photos of the damage be enough for a lawsuit?

The signed statement would be sufficient for any motions, but if it goes to trial, the signed statement would be inadmissible as hearsay. The neighbor would have to testify in court.

 

[clshannon478]

We have the name, number, and address of the contractor. We've been trying to contact them for the past two weeks and they've not returned any of our calls.

 

[justalayman]

We have the address of the contractor.

sounds like a personal visit is the next step