mold damage from neighbor encroachment on easement

What is the name of your state? California
I just had a home inspection peformed for the buyers of my home. During the inspection it was found that my neighbors had a patio that was built too high and touched my side wall of my home on the zero lot line. Because the patio was too high, it covered the weep screep on my wall causing water/moisture to be trapped. Because of the moisture throughout the years, mold has built up on my wall. Since my side wall is only visible on my neighbor's side, I didn't know that there was a problem. My neighbor has agreed to fix the patio to code but refuses to pay for the damage on my home. I had mold inspectors take samples and mold remediation was recommended as soon as possible. Early estimates are at $10,000 for repairs. Since I am in escrow for the sale of my house and the purchase of another house, fixing the problem is urgent. My insurance company refuses to pay because it was a long-term problem. I hate to get stuck with the cost of repairs when the problem was caused by my neighbors. Any advice?

[HomeGuru]

Originally posted by scott50
What is the name of your state? California
I just had a home inspection peformed for the buyers of my home. During the inspection it was found that my neighbors had a patio that was built too high and touched my side wall of my home on the zero lot line. Because the patio was too high, it covered the weep screep on my wall causing water/moisture to be trapped. Because of the moisture throughout the years, mold has built up on my wall. Since my side wall is only visible on my neighbor's side, I didn't know that there was a problem. My neighbor has agreed to fix the patio to code but refuses to pay for the damage on my home. I had mold inspectors take samples and mold remediation was recommended as soon as possible. Early estimates are at $10,000 for repairs. Since I am in escrow for the sale of my house and the purchase of another house, fixing the problem is urgent. My insurance company refuses to pay because it was a long-term problem. I hate to get stuck with the cost of repairs when the problem was caused by my neighbors. Any advice?

**A: hire a real estatte attorney right away to send neighbors a hammer letter to remedy/repair or fact a lawsuit.

thank you. I've just hired an attorney. wish me luck : )

[HomeGuru]

Good luck.