Property Damage - I am being sued

[ShawnaS]

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.What is the name of your state?

 

[dcatz]

I have a sense that you’re going to get a few “poor you, dealing with that inflexible (w)itch” responses, but not from me.
My first questions are “do you need the well” and “will your property need the well in the future”? If the answer to either or both is yes, I think you have a larger problem than is immediately before you, because this whole thing began with a trespass (sorry to be blunt), and every time you have to do work to repair or maintain the well, you’ll presumably have to trespass again. The same thing applies to anyone who buys the property, if you ever chose to sell. Based on a strict reading of your post, this could be a recurring affair, with potential damages and/or reduction in property value exceeding the $1,000 (and she will probably prevail for the lowest of the three bids, if she does sue).
I’d try to find a local mediator, let him/her take responsibility for persuading your neighbor to mediate, deflect the possibility of suit and settle all issues at the same time. A court will just award damages.
While the cost of mediation is normally split between the parties, this could cost you more than $1,000 but, unless I’m misreading your post, you need to not only address the damages, you need to negotiate an easement to attend to your well. Unless there’s a “long way round” that you’ll always use in the future, you also need an easement giving you the right to cross her land as needed on mutually acceptable terms. If the well is important, get the agreement now. She could sell the vacant land, and you could be dealing with a new owner who is worse.

 

[ShawnaS]

My first questions are “do you need the well” and “will your property need the well in the future”?

We have to have a well. We live in a small lake community in the country and there is no city water. In the future, you can access the land through our yard but it has to be around the outer rim of our lot (1acre) and you would have to remove some trees to gain access to the road. We didnt think it would be a major deal as she had given us permission to go on her property before. So we were not trespassing in my eyes.

A court will just award damages.

My husband did call the sheriffs department and they said that since he does this for a living he will more than likely be allowed to do the work himself anyway. Depending on the judge.

She could sell the vacant land, and you could be dealing with a new owner who is worse.

That is what she is stating is the big deal, she wants to list the property and "How is she going to f***ing do that with it f***ing looking like this S**t......"

 

[dcatz]

Originally Posted by ShawnaS
We didnt think it would be a major deal as she had given us permission to go on her property before. So we were not trespassing in my eyes.

Not in the original post and unfortunate that previous permission (you don't say when or how often) led you to think it was ok now. A permissive easment can be created by use that is known and without objection for sufficient time, but this sounds more sporadic and "as needed". I think she still has a case, and a judge could agree.
A creative judge could allow your husband to do the work, rather than pay for another to do it but, in the end, there is still going to have to be some criteria to determine if she has been "made whole". If it comes down to her satisfaction, you may never be free.
And again, and I think, more importantly, you need an easement and a long-term solution. You crossed the land before (with her permission) and, unless you want to cut down trees, there's a likelihood that you'll need to do it again.
I suggested a mediator, because court will be an adversarial setting - you vs. her. A mediator's job is to help the parties find common ground (no pun intended) for agreement - a win/win situation - and that probably means deflating a bit of the present hostility as well.
If you argue until you go to court, she either wins dollars or your husband's time, and there is still no long-term solution.
There are community mediators. It doesn't have to be expensive.

 

[ShawnaS]

I am more than willing to go through a Mediator, I know how it works, I used to work at a company that employed them (family counseling). I dont feel that she will go for that though. Honestly I think she wants to put us through this as fun since she is being completely uncivil and cooperative. Not even TRY to talk it out, she just wants money. In my opinion.

She did tell my husband when we first moved in

"your more than welcome to hunt on the land, take firewood, whatever you need...." She even allowed us to cut down a tree that was hanging over our land. Thats why I didnt think a truck was a big deal.....

 

[justalayman]

Not trying to be an ass here but you should really keep the whole thing in just one thread. The other has gained you more info so I wouold suggest locking this one.

btw; a judge almost NEVER makes an injured party allow the person causing the damages to fix the problem unless the injured is willing to accept that solution. The injured has no requiremnt to fix the damage. They are only due the value of the damages.

"your more than welcome to hunt on the land, take firewood, whatever you need...." She even allowed us to cut down a tree that was hanging over our land. Thats why I didnt think a truck was a big deal.....

Well, you apparently thought wrong. None of the listed allowances would cause any damage remotely close to what you describe as the current situation.