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Do I have to pay half?

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Torellian

Member
What is the name of your state? WI

Long story made short....

Old concrete between my house and neighbor's house has collapsed as result of soil erosion underneath concrete caused mainly by runoff water from neighbor's backyard. Collapse is up to the property line, but entirely on neighbor's side. However, erosion continues under concrete on my side, so my concrete will have to come out. Dirt needs to be filled into the hole and new concrete poured over it. Measuring the total work area shows that about one third of the work will involve my side and the other two thirds is on the neighbor's side. Neighbor says I have to pay half of the cost.

I talked to him about the whole thing on the phone last night. He wouldn't even allow the discussion to come up, except to say, "You're paying half. That's how it is and that's how it's gonna be!" When I tried to explain that my side isn't half of the work area, he just talked over me in a loud voice and changed the subject, so I couldn't even voice my point of view. And this guy is a landlord. I'm the homeowner that lives next to his rental property.

Now the reason I'm asking about this here is because I wonder if there's something he knows that I don't. After all, he's a landlord and probably knows how all this stuff works better than I do. On the other hand, I feel like he's trying to intimidate me into paying when in fact I may not have to. If I flat out refuse to pay half, he could take me to court. But do you think he would win? First, I think he might since he may be more familiar with the process. Then again, he may know he wouldn't win, and that would explain why he's being so hostile and trying to intimidate me.

So what do you think? Am I liable for paying half? I'm willing to pay one-third, since that's the proportion of my property. But I don't know how a court would see it.

(So much for this being a long story made short!) :eek:
 
Last edited:


Zigner

Senior Member, Non-Attorney
Here's the rest of the info on this situation:
https://forum.freeadvice.com/showthread.php?t=409282
 

Torellian

Member
That's correct! I didn't want to bore everyone by retyping all that. As a follow-up, no progress has been made since I originally posted it, except now we've gotten a bid from a contractor for about $1,000 to do a 20 sqare foot area. Problem is, the actual area affected is much closer to 60sq. ft. Someone else told me that it looked like 110 sq. ft. need to be done, and he quoted me $1,300.
 

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