removal of neighbor structure

[verest]

What is the name of your state? California
discovered that a good portion of the neighbor's concrete patio slab is on my property. Neighbor claims that removal of part of this structure would cause her damages and anguish. They refuse to cut the slab. This slab of concrete prevents me from erecting a fence on my property. Title insurance says I have no claim. Question can my homeowner's insurance assume responsibility of removal? thanks

 

[BelizeBreeze]

when was the slab installed?

How long have you been living there?

How did you discover the slab is on your property?

 

[verest]

I am not sure when was the slab installed, probably before i bought my property, though neighbor did say that the slab of concrte was redone by her insurance company because of tree root damage.

I purshased my home five years ago.

I discovered the problem through a survey.

I have asked my HO insurance several times about this issue and they always say that they will get back to me but never do.

Thanks

 

[BelizeBreeze]

Then send her a certified (RRR) letter demanding that she remove the offending structure within 10 business days and if she doesn't then sue her ass for encroachment.

 

[verest]

Thank You,

What is an RRR letter?

 

[BelizeBreeze]

Return Receipt Required

 

[verest]

I am sorry,

Other than what an RRR letter is? Can you clarify what kind of damages can I claim in such a lawsuit? Can they be collected in Small Claims Court? HO insurance said that tehy would cover any damages that would arrise from my negligence, can you explain? Thanks.

 

[BelizeBreeze]

I am sorry,

Other than what an RRR letter is? Can you clarify what kind of damages can I claim in such a lawsuit? Can they be collected in Small Claims Court? HO insurance said that tehy would cover any damages that would arrise from my negligence, can you explain? Thanks.

Just send her the letter demanding that she remove the structure as I instructed. If she does not comply then sue her in small claims court and ask the judge to either order the removal of the structure or to reimburse you for the cost of you removing it.

It's not rocket science.

 

[verest]

Thank you! My HO insurance replied that they would cover any damages arrising from my negligence in cutting/removing any structures. However, the HO isurance is still "on the fence" about removing the structures themselves, they said that they would get back to me, they still have to do some research about them taking the leap to removre it themsleves. I guess that this is an oximoron since they have agreed to pay any damages arrising from my negligence, if any. If you have any more wisdom to offer, feel free, otherwise thank you for your infinate wisdom.

 

[rmet4nzkx]

By any chance do you both have the same HO insurance company? There are ways to erect a fence even with a cement slab in the path.

 

[verest]

I am not sure that we share the same HO insurance, however, there is no way of placing a share fence on the concrete slab. You see my lot is higher than my neighbors, we are on a hill side. I still have to drill and dig to place a fence post and on my side; not only is my lot higher there is also no concrete on my side ;they have completelley destroid the natural lamdscape on my lot, our lots are trully uneven they have nothing but dirt an concrete on there side, on my side there is lots of plants, trees, rose bushes and other shrubs. What they are trying to do is control our green activities, we are true gardeners on our side they are not thnaks, and add more wisdom

 

[babymakesone]

What is the name of your state? California
discovered that a good portion of the neighbor's concrete patio slab is on my property. Neighbor claims that removal of part of this structure would cause her damages and anguish. They refuse to cut the slab. This slab of concrete prevents me from erecting a fence on my property. Title insurance says I have no claim. Question can my homeowner's insurance assume responsibility of removal? thanks

I am not sure that we share the same HO insurance, however, there is no way of placing a share fence on the concrete slab. You see my lot is higher than my neighbors, we are on a hill side. I still have to drill and dig to place a fence post and on my side; not only is my lot higher there is also no concrete on my side ;they have completelley destroid the natural lamdscape on my lot, our lots are trully uneven they have nothing but dirt an concrete on there side, on my side there is lots of plants, trees, rose bushes and other shrubs. What they are trying to do is control our green activities, we are true gardeners on our side they are not thnaks, and add more wisdom

So is part of their slab on your property or not? Is it that they destroyed your landscaping or what?

Your liability carrier will provide coverage for your negligence, but I can't see them paying to remove the slab themselves.