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kendii

Junior Member
What is the name of your state? MI
Neighbor was building house adjacent to my property. He excavated for the foundation and crossed onto my property. The excavation collapsed and caused damage to my sidewalk.

Apparently, my sewage pipe is a few inches on his properly and was revealed during the collapse. He will not pay to repair the sidewalk as he says the pipe was on his property and caused the collapse. Is he liable ?
 


HomeGuru

Senior Member
kendii said:
What is the name of your state? MI
Neighbor was building house adjacent to my property. He excavated for the foundation and crossed onto my property. The excavation collapsed and caused damage to my sidewalk.

Apparently, my sewage pipe is a few inches on his properly and was revealed during the collapse. He will not pay to repair the sidewalk as he says the pipe was on his property and caused the collapse. Is he liable ?
**A: yes, because he caused the damage due to his excavation.
 

kendii

Junior Member
The pipe was actually damaged during the collapse, he did repair it and buried it. I think that shows liability. It is now near impossible to tell where the pipe is now located as it is 6 ft down. Can he force me to get an easement if its over the lot line.
 

HomeGuru

Senior Member
kendii said:
The pipe was actually damaged during the collapse, he did repair it and buried it. I think that shows liability. It is now near impossible to tell where the pipe is now located as it is 6 ft down. Can he force me to get an easement if its over the lot line.
**A: he is the one that would have to give the easement, not you.
 

kendii

Junior Member
Could he make me dig it up and move it ? I want to repair the damaged sidewalk and charge him or sue if required for the money. But am afraid that he will say move the pipe after the repairs are complete - its a little complex. thanks for the replies.
 

HomeGuru

Senior Member
kendii said:
Could he make me dig it up and move it ?

**A: yes he could.
*******
I want to repair the damaged sidewalk and charge him or sue if required for the money. But am afraid that he will say move the pipe after the repairs are complete - its a little complex. thanks for the replies.

**A: ok..........
 

kendii

Junior Member
That’s the right question – I was afraid of that being the answer.

I can’t guarantee the pipe is on my side, and I don’t think he can guarantee the pipe is on his side. It must be settled. I cant proceed until it is.

Any further advice.

k
 

HomeGuru

Senior Member
kendii said:
That’s the right question – I was afraid of that being the answer.

I can’t guarantee the pipe is on my side, and I don’t think he can guarantee the pipe is on his side. It must be settled. I cant proceed until it is.

Any further advice.

k
**A: you wanna proceed? Well proceed on ordering a boundary and encroachment survey.
 

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