Property Damages

[patnjustin]

In Vermont, November of 2000, a builder while building a home on an adjacent property next to ours, used our property for large trucks to access the build site without our permission, and created several large ruts 1 foot deep for 200 yards across a section of our property.

I found out the builders name and called asking he stop using our land immediately, and asked he tell me how he plans to remedy the problem. He mentioned he would be back in the spring of 2001 to landscape the house he was building and would fix it then.

Spring came, he landscaped the house he was building, but did not repair damage.
After several conversations, he said he would pay $300 now (I have a verbal estimate of $1000), or have his landscaper come by whenever he happened to be in the area and fix it then but only spend 2 hours, and it could be several more months before this occurs.

I plan to have a written estimate done and mail it to him certified mail, ask him to pay that amount, or have his crew repair to the same specs with a time limit of 1 month. If not, my only recourse is small claims court.

Am I within my rights per my description above? Do you have any other suggestions? Thanks !!!!!!

Pat

 

[JETX]

Sounds like a good plan to me.

A suggestion; be sure to include a paragraph detailing how HIS company did the damage, that you talked with him at the time and what his offer(s) were to you. This might be needed if you are forced to take further action against him. Also, give him a specific deadline for contacting you with his proposal for resolving the problem. And if/when he contacts you, make sure you have everything in writing.

Best of luck to you, and go get 'em!