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Property Damage - I am being sued

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ShawnaS

Junior Member
What is the name of your state?
Michigan

Over a week ago, we had to have a new well put on our property. The only location the Health Department would allow it, we could not access through our property. The lot next to my house is vacant. A woman owns it but lives out of town. She comes once a month to mow her lawn and clean up the property. My husband and I had no way of contacting her and after asking a few neighbors they had no idea either. We had talked to her a few times and got along with her pretty well. Thinking she wouldnt mind, my husband gave the well drillers permission to drive on her land.

The well was put in and there was some minor damage done to her land due to the ground being wet and the heavy trucks getting stuck. My husband does road construction and was planning on fixing it this weekend (he works out of town all week). She came to the property the other day and when I approached her to explain the situation she proceeded to swear at me and get extremely irate. I believe she completely overreacted and didnt even give me a chance to speak. She insisted that she talk to my husband and that he call her right away. She gave me specific time periods in which he could call and that he call her before Friday (this was Wednesday). I did inform her that we were planning on repairing the property this weekend. She said that she wanted it professionally landscaped and that she would contact the landscaper. If we didnt pay the bill, she would sue us. (75% of the "damaged" land was weeds and thorn bushes, hardly any grass areas where harmed)

My husband tried many times to call her, that night twice, and once on Thursday. He left messages for her and she never called back.

When I got home from work on Friday she had posted many no trespassing signs on the land. My husband got home shortly after and went to speak with her (not going on the land). She told him that he was not to go on her land or she would press charges. He asked to see the damage and she refused (he has never seen the "damage" that was done on her land). She had a landscaper at the site that my husband managed to speak with after he quoted for repair. He quoted her $1000.00 at least. He refused to tell my husband what the repairs they planned to do were but that she did have to get 3 quotes.

My husband tried to approach her to ask what her plans were for repair and she literally jumped in her car a sped off. You could hear her tires peal inside my house. We are trying to be civil but she is refusing to even try to come to a reasonable conclusion to this other than court.

I dont feel that it is fair we should have to pay for damages that we cant even look at (I have seen them but not my husband who knows about these things). For all we know they are giving her an entire new lawn when she previously and still does have weeds in the "damaged" areas.

Please give me any advice that you can. I dont feel that it is fair we should have to pay for someone to do the work when my husband does this for a living and we are more than willing to do whatever it takes to fix the problem to HER standards.

Thank you so much.
I posted this on the Small Claims Court Forum also, but thought it might be a good idea to post here too.
 


ADBunting

Member
I'm assuming that you have photos?

If they had to drill a well on your land then there has to be access between the two properties, meaning no fences or anything. Take as many photos as you can of the "damage" that she's claiming.

The key to lawsuits is documentation. What you needed to have done, the location that was your only option based on what the Health Department presented to you, and most importantly, all of your efforts to try to contact the owner. I mean, sometimes not even contacting the ascessors office will help if they have a different mailing address that isn't on record. (and yeah, it does happen)

I'm also having a hard time envisioning a vacant lot with a lawn and landscaping. (Just kind of an aside)

I would think her burden would be to prove that the equipment destroyed all kinds of expensive landscaping that she needs to replace AND that she had no other recourse but to sue you. You really need to find a mailing address (perhaps from the landscaper that you spoke with?) and send her a cert ret receipt letter stating your intentions.

Susan
 

ShawnaS

Junior Member
I would think her burden would be to prove that the equipment destroyed all kinds of expensive landscaping that she needs to replace AND that she had no other recourse but to sue you. You really need to find a mailing address (perhaps from the landscaper that you spoke with?) and send her a cert ret receipt letter stating your intentions.
Unless you consider thorn bushes and those little weeds that look like palm trees "expensive landscape" than no. Im not trying to say that what we did is OK, I am aware that we need to fix this problem. But we are willing too! She is just being ridicules. By the time this is all over, my husband could have fixed it (today in fact) and you wouldnt even know it ever happened!

I did get her mailing address. She gave it to me between her ranting and raving and swearing when she demanded that my husband call her. My only concern is that she will press harassment charges on us for trying to contact her and my husband trying to speak with her or something. Maybe I should press charges on her for what she said to me.... I have never heard so many cuss words in 3 minutes in my life..... not that I am perfect by any means but I was being civil.
 

LindaP777

Senior Member
I would go take pictures (do it when she is not there, or better yet, call the police and have them escort you). Get estimates for the repairs yourself. Get a couple of estimates, or maybe 3. Send them to her along with a check for the damage, CRRR. If she does not cash it, wait until she sues you and let a judge decide. The key here is lots if pictures, estimates for repairs, statements from the landscaping companies, statements from the neighbors who did not know how to contact her, and your willingness to pay her for the damage.
 

lcannister

Senior Member
Reverse it and then tell us how you would feel, no matter the circumstances, if you returned to your property and found someone had driven big trucks across that land when it was wet and left large tire ruts behind?

Now I am not agreeing with her damages or anything else just the initial site she saw.
 

nextwife

Senior Member
WHat effort did you make to contact her before "giving permission" to cross HER land?? Did you obtain her address from the tax records, or from any other public record and try calling her or sending her an express letter or driving to her address and leaving a note?
 

justalayman

Senior Member
you screaming about $1000 when you are the ones at fault here?

First, $1000 isn't much in todays world. I would imagine that some fill would be required as well as a small tractor to level and grade, then reseeding as a minimum to repair the damages.

The only two options you seem to have at the moment is pay the bill or let her sue you where you would be able to challenge the amount. She would then have to prove her damages and the costs to repair them.

Lindap777: I would go take pictures (do it when she is not there, or better yet, call the police and have them escort you).
Sure, good idea. Be sure to bring that proof you tresspassed again to court with you. You have already been notified you are not welcome there and now somebody suggests you break the law to fight the claims. Great idea in my book. Bringing the police should garner a charge against the office as well and hopefully some sort of punitive action through his department. I never condone an officer breaking the law to help a law breaker.

Oh, and by the way. She has no obligation to allow you to reapair the damage. You are liable for the value of the damages. You are not liable to reapair the damages, and neither is she actually. She could take the money and have a mini-vacation if she wants.

also, cussing is generally not illegal. It is a far too common occurance for it to be an actionable offense.
 
Hi:
You along with your husband is completely different from your neighbor in regard to dealing with this form of issue. At least, this is my honest and frank opinion by reading your posts.

What you and your husband did to your neighbor's property while she was NOT home can/may be not acceptable, in this common society where some of folks bring trivial matters to the court for money. Had known about this, you and your husband never done that in the first place. It's an awful misconception in between you and your neighbor's, that sounds like to drive her more than she should try, ... talk in neighborly manner asking your husband to fix her property, rather than going to sue.

Since this issue involves a legal matter, try to ask 'law' dissucison along with 'small claim,' that might get more helpful responses/helps you need right now.
 

justalayman

Senior Member
from Michigan Compiled Laws:

750.552 Trespass upon lands or premises of another; penalty.

Sec. 552.

Any person who shall wilfully enter, upon the lands or premises of another without lawful authority, after having been forbidden so to do by the owner or occupant, agent or servant of the owner or occupant, or any person being upon the land or premises of another, upon being notified to depart therefrom by the owner or occupant, the agent or servant of either, who without lawful authority neglects or refuses to depart therefrom, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment in the county jail for not more than 30 days or by a fine of not more than $50.00, or both, in the discretion of the court.


History: Add. 1951, Act 102, Imd. Eff. May 31, 1951
this is what going back on the land to get pictures could get you.
 

ADBunting

Member
OK, the question is still not answered about fencing.

Obviously big trucks need a lot of space to manuver. I would think it wouldn't be trespassing to take photos from her side of the boundary.

It was clear that Shawna had tried to explain as soon as possible. Heck, a couple of trenches from tires...get a hoe and a rake and have at it.

The quote about trespass seems to address posting notice and then the trespass occurs. I know about this because I had to have some of my son's "friends" barred from my property at one point. You have to be aware you can't before you can have them arrested because they did.

In any event, unless they had to remove a 9' fence for the heavy well equipment to gain access, and then put it back up I should think it shouldn't be a problem to take photos from the new well. In Australia we had several issues having to do with dissolving fences due to soil buildup and heavy irrigation on the other side of the fence. The difference is each person paid for half. So taking photos in the event of a dispute was very important.

Unfortunately there are many people who respond immediately with the assumption that everything is a personal afront and respond instantly with an offensive position. Plus there are just flat out nasty angry people out there that wouldn't care what the explaination was under any circumstances.

Like it was mentioned, documentation, photos, send a certified letter to her in a cordial friendly fashion even appologizing about not being able to contact her first, etc, etc.

I'm also curious how long you knew you'd need a new well. The time frame there might be an issue as well, because it could be argued that you may have had more than ample time to find her.

You know, as an additional question, I'd contact the Health Department and ask what would have happened if you had asked her and she said no? I'm sure it's happened before and would be interesting what their read would be on that particular subject.

Susan
 

justalayman

Senior Member
the tresspass I was referring to would be the trespass to take the pictures. Plus OP is the one who stated they needed access to he propery to survey he damage, not me.

OP has already been notified, both verbally and by signage, to stay off the property. That fulfills the notice required by statute.

It would be nice if OP brought their own evidence against them to court while trying to argue $1000 as too high of a price.

Also, as I stated, the neighbor has no requirement to allow OP to repair the property, nor does she actually have to repair the property. The damages are about making the injured whole again, not fixing the damage. You do $xxx of damage to property, you owe $xxx to the injured.

as far as needing access and the neighbor refusing? let me relate a situation near me that may answer that.

Smalltown Indiana. New hotel wants to move in. Local ordinances require that no housing unit count be lost due to hotel displacing a house.

Possible remedies;

build new house to replace the one needing to be moved/razed

move the house to a lot available.

Hotel wants to move the house since it is the lesser of costs. Problem; to move the house to the new lot, it would require one property owner to allow passage. Since the governmental agaencies had pretty much pissed everybody off and one of the counsel members was profiting from the sale of the porperty to the hotel owner, the other property owner said sure, you can cross, for a small fee of $25,000.

Do you want to guess where the house did not get moved to?

(this is a true situation)
 

ShawnaS

Junior Member
Thank you all for your advice.

Our well died (meaning NO water at ALL) on Memorial day weekend, Friday actually. We had hoped that she would be out that weekend but she never showed. I was unsure of ways we could get the information to contact her. I wasn't aware of who as far as City/County offices you could contact. I am only 21 (not that that is a good excuse) and I am not familiar with all this information.

Our new well was put in on a Thursday. So it was almost a week before it was put in, the first one anyway.... thats another long story, the well guy flooded our newly finished (2 weeks old) basement, tore up and flooded our yard also so we are dealing with getting compensation for the basement, which he is being very uncooperative with. I guess thats why I feel "$1000.00 as being a lot in this world" right now. After everything we have had to deal with (3 weeks since it first started) and now she is suing us, I guess I am just feeling sorry for myself. Our fault or not. This is mine and my husbands first home and I guess you never plan on stuff like this happening to you.

As far as trespassing, she had given us permission to be on her land, just not with well trucks. we have no intentions of going on her land now.

I guess my concerns are
1. I dont see why we cant fix it, to her standards when my husband does this for a living so he knows what he is doing.
2. Why are we not allowed to see what we are being made to pay for. I want to make sure we are paying for what the value of the "Damage" we did is and not giving her a pretty lawn when it was previously weeds. I dont feel that is fair.
 

nextwife

Senior Member
Maybe you and hubby should apologize big time, beg her forgiveness, offer to fix the damage and to make it up to her by mowing her lot the remainder of the summer?

There is no excuse for not making any contact attempt first. You could have called your village hall that Tuesday morning and tried to locate her address. Betcha you still to this day have not done so.
 
Hi:
Since you're young, at age 21, and guessing that your husband is around your age or little older, your neighbor, next door might be taking advantage of your naive and innocence towards owing house and such. Some of older neighbors even have a jealous about young folks owing houses.

In my suggestion, if your parents or any relatives living closeby, ... within 50 miles or so, and willing to offer a help, then you'd better to ask them before the things getting out of your hand. Even they have no legal knowledge dealing with this form of issue, they have a wisdom and experience in general.

Also, try to get an advice from an attorney, likely real-estate, if your neighbor getting nasty, like more than fair-price she's asking. Hourly charge on this form of issue does not cost much, in my knowledge.
 

justalayman

Senior Member
I guess my concerns are
1. I dont see why we cant fix it, to her standards when my husband does this for a living so he knows what he is doing.
2. Why are we not allowed to see what we are being made to pay for. I want to make sure we are paying for what the value of the "Damage" we did is and not giving her a pretty lawn when it was previously weeds. I dont feel that is fair.
first, she does not have to allow you to fix the damage. read one of my previous posts about making one "whole".

as far as not being allowed to see the damage; if you let this get to court, she will be required to prove the damage and the costs to repair the damage in order to prevail. Then, you will be allowed to see the damages since that would be part of the proof of damage. If she does not bring photos to court, you (since you did see the damage) would be able to object to what she is claiming if it is greater than you know. The judge will make the call as to whom is more believable and make the award accordingly.

As far as trespassing, she had given us permission to be on her land, just not with well trucks. we have no intentions of going on her land now.
she has since, obviously, revoked that permission and any foray onto her property will be trespassing from that point on.



from your first post.
When I got home from work on Friday she had posted many no trespassing signs on the land. My husband got home shortly after and went to speak with her (not going on the land). She told him that he was not to go on her land or she would press charges. He asked to see the damage and she refused (he has never seen the "damage" that was done on her land).
 

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