Can I sue based on estimates??

[gr8smile1966]

What is the name of your state? New York

Hi...

I am having a problem with my neighbor. There was a dilapidated concrete wall between our properties that a survey showed to be her property encroaching on mine. I sent her a letter requesting that she remove the concrete wall. Well, she removed part of the wall, leaving the jagged concrete base of the wall (which is on my property). It looks awful, (worse than before) and now there is parts of her driveway which used to be supported by the wall left unsupported because of this. There is about a 2 ft drop from her driveway to my property, with a 6in wide jagged concrete border along the property, which I feel to be unsafe besides unsightly.

Can I get estimates on the cost to remove the rest of the wall properly and sue for these costs in small claims PRIOR to the work being done?? If it has been determined through the survey to be her wall, do I have the right (being that it is on my property) to have the remainder of the wall removed? Or does the fact that she had removed part of the wall already (thus assuming responsibility for it) leave me out of any decision making in what happens from here??

Is there anything I can do to "legally persuade" this woman to rebuild the support for her driveway, as there will almost certainly be further damage from the driveway collapsing now that she has partially deconstucted the concrete wall. Or do I have to wait for the damages to occur and sue then??

Can I be held liable for personal injuries that may arise from the condition of this "wall" seeing as how it sits on my property? Is there any way to protect myself from assuming liability with regards to the condition of this wall??

Why can't I find a lawyer who wants to help me with this???? (I've called several...)

Thanks for any guidance!!

 

[BL]

Try calling or e-mailing local real Estate Attorneys .

Try e-mailing a Few .

If you ask a brief simple question, most will reply with an answer w/ no charge.

You simply state . I requested my neighbor to remove a wall that encroached on my property. They knocked most off but the foundation, Etc. still remains.

What can I legally do to have it removed ? Ok ask the another short Question.

Can I sue them in court of cost with Estimates for It's removal ?

 

[JETX]

Can I get estimates on the cost to remove the rest of the wall properly and sue for these costs in small claims PRIOR to the work being done??

Yes and no.
Yes, you can sue her.... after all, almost anyone can sue almost anyone else over almost anything.
However, since you haven't been damaged as yet, much less proven that the claim is due to her actions or inactions, your suit would NOT be successful. Further, small claims courts are only 'money courts', meaning you can't sue to force her to do something.

If it has been determined through the survey to be her wall, do I have the right (being that it is on my property) to have the remainder of the wall removed?

You have the right to demand her to remove her 'encumberance' and if she refuses or fails, then you have the right to do so yourself and file a lawsuit against her to recover your 'damages' incurred due to her encumberance.
Send her a certified RRR letter detailing the problem (include ANY documents proving your claim) and ask her to contact you about removing her 'property' from yours within 15 days. If she fails or refuses, then you can remove the property yourself... and file a suit to recover your damages.

Is there anything I can do to "legally persuade" this woman to rebuild the support for her driveway, as there will almost certainly be further damage from the driveway collapsing now that she has partially deconstucted the concrete wall. Or do I have to wait for the damages to occur and sue then??

See above.

Can I be held liable for personal injuries that may arise from the condition of this "wall" seeing as how it sits on my property? Is there any way to protect myself from assuming liability with regards to the condition of this wall?

Yep. Do as suggested above.

Why can't I find a lawyer who wants to help me with this???? (I've called several...)

I find your claim of being unable to find an attorney to be unbelievable. That is unless you are trying to find one that will do this for free!! There are LOTS of attorneys that will take this issue at their normal billable rate.