• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Ivy and mortar accidentally killed

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

E

ellbee

Guest
What is the name of your state?What is the name of your state? mass.
Ivy from the back ally grew on my bldg/roof and caused extensive damage($3100). Hired a guy to go back there and kill and get rid of. In doing so, it also killed the ivy that had consumed the bldg next door. Ally is only 2 1/2 ft wide. This ivy has been on this guys bldg for over 15 yrs. I have been in business there for 15. This other bldg had been on the mrkt for 2+ yrs. Someone bought it in Dec. to turn it over quickly!(buy and fly). Well now that the ivy is all dead you can see the EXTENSIVE damage to all the mortar in between the bricks. The ivy ate all the mortar in his bldg.
He came screamin' into my business calling me every name in the book(can't repeat here) and saying that I have to pay to have his bldg. repointed ($30,000 approx.) He says that I caused the damage and if the ivy was just left alone it looks better and is better for the bldg. Now this wasn't a deliberate act. It happened accidently. I say I am only responsible for the dead ivy not the damage caused by the ivy. Any help would be appreciated.
Ellbee
 


nextwife

Senior Member
Ummm. Wouldn't all the cracks have been visible as soon as the autumn was over ? Once the leaves are off the Ivy for the winter, that wall would have been visible.
 
E

ellbee

Guest
Yes-that is why this bldg has such a hard time being sold in the first place. There is NO parking and it is on a 'postage stamp' plot. They use my parking lot when I am closed (after 9pm) that is another issue for another thread. So how about responsiblity? I meet with my atty on Thurs and I just wnat to get some info/insight b-4 hand. At $200 an hr. I want to do some of the leg work. Thx.
 

rmet4nzkx

Senior Member
Where is the property line?
You can do anything you want to the ivy on your side of the property line and to perserve the integrity of the structure of your building. That ivy may not be entirely gone, it may come back. Depending on where the property line is, you may have several options. You may be able to make a claim against insurance. You can sue him in small claims court for the cost of removal and damage/repair to your building done by his encrouching ivy :D You might check with your local government re ordinances about such things, including the health department if there are rodents. When he bought the building, he should have inspected it, ivy is a known source of structural damage and frequently harbors rodents and can be a health hazzard. A brick building may seem solid but they do require maintenance, something he surly knew when he purchased the building.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top