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shed damage

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N

nitetrne

Guest
What is the name of your state?What is the name of your state?NY
Over the winter, there was a very large snow storm that caused a great deal of snow buildup on top of the trees/bushes that stand on the boundary between my lawn and my neighbors. The bushes bent over and set on top of my neighbors shed. According to him, they caused his shed roof to bend in. He told me that it happened at one point with the previous owners, but the damage wasn't this bad. I didn't think I was responsible for a weather issue causing damage to his property, but out of good faith I agreed to pay for 1/2 of the cost of a new shed that he valued at $398.

Before I could pay him, I received a small claims court letter that he was asking for $1400 for damages.

1. Am I responsible for this damage?
2. I believe his shed might be built too close to my property line according to zoning laws. Can I use this to cause the case to be dropped?
3. He filled out the paperwork to sue me personally. My name is not on the deed to the house. My wife bought the house prior to our marriage. Does that negate the case, or am I now liable as well since we are married and it is my legal residence?
4. Does the verbal contract we had for the $200 hold up in any way?
5. Can I get affidavits from the previous owners that there was prior damage?
6. If the shed is 20 or 25 years old and already in bad shape cause the amount he can sue me for to drop (prorated?)

Any help would be greatly appreciated.
 


BelizeBreeze

Senior Member
1. Am I responsible for this damage?
No, God is.

2. I believe his shed might be built too close to my property line according to zoning laws. Can I use this to cause the case to be dropped?
inMaterial. See above.

3. He filled out the paperwork to sue me personally. My name is not on the deed to the house. My wife bought the house prior to our marriage. Does that negate the case, or am I now liable as well since we are married and it is my legal residence?
Move to have the case dismissed.

4. Does the verbal contract we had for the $200 hold up in any way?
No. Unless you tell the judge you had a verbal agreement.

5. Can I get affidavits from the previous owners that there was prior damage?
Inmaterial. See answer one.

6. If the shed is 20 or 25 years old and already in bad shape cause the amount he can sue me for to drop (prorated?)
Again, irrelevant. See answer 1 above.

He is responsible for trimming the tree that intrudes into his 'space' which includes an invisible line from the property line to mars. Also, this was an act of God.

He is either fully responsible or shares responsiblity with God. You are not responsible. PERIOD.
 

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