Use of my property for neighbors installing a pool

[Harbor]

What is the name of your state? What is the name of your state? What is the name of your state? What is the name of your state? What is the name of your state?Nevada

My neighbors are seeking my approval to use my yard and remove my landscaping adjacent to their property to install a pool. A 15ft. tree on their property was just planted 2 yrs. ago and is surrounded by boulders to act as a "retaining wall" as the property slopes down onto my side. (The landscape rock already is falling down onto my side due to the slope). The pool company wants to remove boulders around the tree that act as a retainer that slopes into my side of the yard. Doing so may compromise and loosen the soil that slopes down.
My question is: If any damage to my property and cars results from and after the installation process, what rights do I have or what recourse to assure damage is repaired by owner? Is something in writing enough between myself and my neighbor?

 

[FarmerJ]

Have you called your city to learn what they would require?

 

[quincy]

What is the name of your state? What is the name of your state? What is the name of your state? What is the name of your state? What is the name of your state?Nevada

My neighbors are seeking my approval to use my yard and remove my landscaping adjacent to their property to install a pool. A 15ft. tree on their property was just planted 2 yrs. ago and is surrounded by boulders to act as a "retaining wall" as the property slopes down onto my side. (The landscape rock already is falling down onto my side due to the slope). The pool company wants to remove boulders around the tree that act as a retainer that slopes into my side of the yard. Doing so may compromise and loosen the soil that slopes down.
My question is: If any damage to my property and cars results from and after the installation process, what rights do I have or what recourse to assure damage is repaired by owner? Is something in writing enough between myself and my neighbor?

You should want something in writing and signed by your neighbor that states they are liable for any damage to your property from their construction project - although legally they would be responsible for any damage to your property anyway unless you sign away your rights to seek damages (which you certainly shouldn’t do).

 

[zddoodah]

If any damage to my property and cars results from and after the installation process, what rights do I have or what recourse to assure damage is repaired by owner?

Your recourse would be against whomever causes the damage. That would probably be the pool contractor, not your neighbor (not sure what "owner" refers to). Note, however, that your awareness of the impending construction might make it advisable not to park your cars nearby.

Is something in writing enough between myself and my neighbor?

Huh? I hope you understand that it's impossible to comment intelligently on the sufficiency of a document that hasn't yet been created.

 

[quincy]

Both the contractor and the neighbor could be named in any lawsuit that arises over damage to Harbor’s property as a result of the pool construction project.

What Harbor needs to be careful NOT to do is sign any release of liability form, or to give oral consent to the neighbor/contractor to remove boulders that are positioned to prevent erosion, without a personal review by a professional.

Harbor should consult with an attorney in his area before signing any document presented to him by the neighbor or contractor and he would be smart to have his own document drafted by an attorney for signature by the contractor/neighbor.

I agree that moving cars away from the construction zone would be very smart.

 

[xylene]

Get a lawyer and make your agreement contingent on:

*The installation of engineer approved erosion control to address the slope slumping
*An agreement to compensate for any damages to your property
*Full remediation of your property to post construction state or one of your liking.
*Payment of all your expenses - legal fees, and reasonable compensation for your time.

 

[LdiJ]

What is the name of your state? What is the name of your state? What is the name of your state? What is the name of your state? What is the name of your state?Nevada

My neighbors are seeking my approval to use my yard and remove my landscaping adjacent to their property to install a pool. A 15ft. tree on their property was just planted 2 yrs. ago and is surrounded by boulders to act as a "retaining wall" as the property slopes down onto my side. (The landscape rock already is falling down onto my side due to the slope). The pool company wants to remove boulders around the tree that act as a retainer that slopes into my side of the yard. Doing so may compromise and loosen the soil that slopes down.
My question is: If any damage to my property and cars results from and after the installation process, what rights do I have or what recourse to assure damage is repaired by owner? Is something in writing enough between myself and my neighbor?

Personally, I would just say no. I think its the height of idiocy to install a pool anywhere near a slope that might erode.

 

[Harbor]

Both the contractor and the neighbor could be named in any lawsuit that arises over damage to Harbor’s property as a result of the pool construction project.

What Harbor needs to be careful NOT to do is sign any release of liability form, or to give oral consent to the neighbor/contractor to remove boulders that are positioned to prevent erosion, without a personal review by a professional.

Harbor should consult with an attorney in his area before signing any document presented to him by the neighbor or contractor and he would be smart to have his own document drafted by an attorney for signature by the contractor/neighbor.

I agree that moving cars away from the construction zone would be very smart.

Thank you for timely response and advise.

Parking on the street is prohibited due to HOA regulations. We have 3 cars and only 1 car can fit into the garage. Which is the case for most of the residence living here. Citations are often issued, due to the fact most residents use the street for parking.

Even temporary parking on the street would presents issues, because the subdivision is still under new construction. The only available parking is in front of your house, which it is on the first come first serve basis, for quest or otherwise. There is roughly 12 feet in between each house.

Most likely a dumpster and crew members will take up all parking near the home.

 

[Harbor]

height of idiocy

I want to say no, with just cause. I needed validation from a legal standpoint. No one wants to make enemies with their neighbors. Getting the facts before a answer is the best approach.

 

[BuyLowSellHigh]

The problem is enforcing any time of agreement. They give you a bunch of signatures and promises. But when there is an issue it creates the potential you end up in court with a bunch of legal fees to enforce the agreement. Then if you get a settlement you have to collect.

If you want advice from an attorney ask them to pay for a consultation.

 

[PayrollHRGuy]

I really can't see what any sort of agreement would do for the OP in this situation. It isn't like someone that damages his property during construction of a pool wouldn't be liable for the damages.

 

[quincy]

I really can't see what any sort of agreement would do for the OP in this situation. It isn't like someone that damages his property during construction of a pool wouldn't be liable for the damages.

The most important thing is that Harbor not sign any release of liability document.

Harbor has the right to sue over damage to his property with or without any document signed. The only reason for a document that Harbor creates and has the neighbor sign is to make the neighbor aware Harbor will hold the neighbor/contractor liable for property damages should damages occur.

I would be very wary of agreeing to any property alterations that could result in erosion.

 

[LdiJ]

I really can't see what any sort of agreement would do for the OP in this situation. It isn't like someone that damages his property during construction of a pool wouldn't be liable for the damages.

I would be more concerned about the whole pool sliding down the slope once the erosion starts. Think about how much damage that could cause?

 

[PayrollHRGuy]

I would be more concerned about the whole pool sliding down the slope once the erosion starts. Think about how much damage that could cause?

Me too but again I can't think of any written agreement that is going to stop it or that will make the OP any better off than he already is.

 

[LdiJ]

Me too but again I can't think of any written agreement that is going to stop it or that will make the OP any better off than he already is.

Which is why my suggestion was to just say no.