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I own a home where the small part of the party wall is damaged. I bought the home in 2012 and a photo shows shows no damage to the wall.
However, there was a large tree in my neighbors yard back in 2012.
Fast forward to 2020. The house next door was sold to new owners in 2018 and the yard appears to have been remolded and the large tree removed.
Now, I had two contractors over and it's their opinion the damage was likely caused by the roots of a tree which I assume was the large tree in the yard next door..
The cost to repair the wall is around $1200-$1400. I would like my neighbor to split the cost given we share the party wall.
Question: Does anyone know if my neighbor can legally refuse to pay half given the damage was caused by a tree before they bought the house?
We're talking money and unfortunately my experience has been when money is involved things often get difficult.
Before I speak with my neighbors it would help if I had at least some idea if they can legally say, "Sorry not our problem. The tree wasn't here when we moved in. You pay for the repair."
.
Thanks
First, I'm glad you posted here first. There is zero change any neighbor is going to agree to do that. So, you've saved yourself the embarrassment of being laughed at to your face. lol
Second, even if they were legally responsible (and they're not unless there's an HOA and documents stipulating the shared cost of a damaged wall for whatever reason), you can't run around asking people for money when nationwide unemployment is about to jump to 25-30% amidst a once-in-a-lifetime health crisis. So, you've saved yourself the experience of having your next door neighbor's potentially go irate on you.
I'm guessing this is a rental property and you're admittedly absentee? It's the only way it makes sense in my mind that you wouldn't have known about this a long time ago. Something similar happened to me with a rental in St. Louis and my management company didn't fix water damage in time. Instead of having the renter above us pay the entire amount (his bathtub had a leak), I agreed to split the cost due to my inaction. That was fair. It was my management company that effed up.
But, and I say but... you wait until the current events turn around (and why not? you've waited this long already), talk to them in a different way and don't put any blame on their side of the fence. Just see if you guys can go half-in together on repairing a well that is probably an eye sore on both sides. If you change the reason for WHY you want them to pay half, then I think they'd be down! People are generally pretty decent.
First, I'm glad you posted here first. There is zero change any neighbor is going to agree to do that. So, you've saved yourself the embarrassment of being laughed at to your face. lol
Second, even if they were legally responsible (and they're not unless there's an HOA and documents stipulating the shared cost of a damaged wall for whatever reason), you can't run around asking people for money when nationwide unemployment is about to jump to 25-30% amidst a once-in-a-lifetime health crisis. So, you've saved yourself the experience of having your next door neighbor's potentially go irate on you.
I'm guessing this is a rental property and you're admittedly absentee? It's the only way it makes sense in my mind that you wouldn't have known about this a long time ago. Something similar happened to me with a rental in St. Louis and my management company didn't fix water damage in time. Instead of having the renter above us pay the entire amount (his bathtub had a leak), I agreed to split the cost due to my inaction. That was fair. It was my management company that effed up.
But, and I say but... you wait until the current events turn around (and why not? you've waited this long already), talk to them in a different way and don't put any blame on their side of the fence. Just see if you guys can go half-in together on repairing a well that is probably an eye sore on both sides. If you change the reason for WHY you want them to pay half, then I think they'd be down! People are generally pretty decent.
I will call the HOA but I believe we share responsibility regarding the maintaining the wall.
Yes, I was an absentee landlord and this comes into the conversation I have an attorney I can ask.
Of course I will use a soft sell approach. It's in both our interest the wall get fixed.
Waiting to discuss this at a later date: I'd prefer to discuss this while the property is empty. If I'm asked to hold off because of money issue that's fine.
As far as just laughing that might not be wise. A lawyer costs money but so does replacing an entire party wall if the problem isn't addressed.
Have you discussed this with your insurance agent. They should be able to answer your questions. Insurance may cover the damage also, check with the agent. Our HOA pays for any common fence damage.
Have you discussed this with your insurance agent. They should be able to answer your questions. Insurance may cover the damage also, check with the agent. Our HOA pays for any common fence damage.
Our HOA pays only for repairs which occur in the common areas.
This isn't something they get involved in.
However, I will double check with the HOA to be sure the maintenance of the party wall belongs to us both.
I own a home where the small part of the party wall is damaged. I bought the home in 2012 and a photo shows shows no damage to the wall.
However, there was a large tree in my neighbors yard back in 2012.
Fast forward to 2020. The house next door was sold to new owners in 2018 and the yard appears to have been remolded and the large tree removed.
Now, I had two contractors over and it's their opinion the damage was likely caused by the roots of a tree which I assume was the large tree in the yard next door..
The cost to repair the wall is around $1200-$1400. I would like my neighbor to split the cost given we share the party wall.
Question: Does anyone know if my neighbor can legally refuse to pay half given the damage was caused by a tree before they bought the house?
We're talking money and unfortunately my experience has been when money is involved things often get difficult.
Before I speak with my neighbors it would help if I had at least some idea if they can legally say, "Sorry not our problem. The tree wasn't here when we moved in. You pay for the repair."
.
Thanks
Here what I've learned in life. If people are broke and when it comes to money, they are extremely good at rationalizing why they don't have to do something. So if they feel their back is up against the wall to make ends meet, more often than not you have your answer as to what they will do. And when you make someone upset, they really can rationalize more as why not to pay. This could be your brother, neighbor, or your best friend.
In this situation and if your neighbor is broke, realize you are going to be viewed as a rich person. Assume they are struggling and I'd proceed as follows. Go into this exercise knowing that it is "only" $1200 and that it's good math for you to get it fixed even if you foot the whole bill. This is how you can stay sane.
If it was me, I would knock on the door letting them know who you are. Explain that your last tenant texted you and asked to get it fixed. Explain that you checked who pays (leave the lawyer conversation out of this) and that the normal protocol is for the side deemed "responsible" (root damage on their side) pays. Additionally, someone that was out to look at it mentioned that if you don't get it repaired soon, it's going to turn into the whole wall and 10X more. Don't tell them you know how much it will be and say you are going to get a bid. The delay is to get them involved in the process and eventually think $600 (the split) is a deal. Once they explain they are broke, the economy is freaking them out, etc, let them know you have the same issues going on in your life and you feel their pain. Mention that splitting the bill would work as you don't want major wall damage in the future. That you too would like to get it done in the summer to fall when you loosen up some funds (i.e. you are broke too).
Be pleasant and hope for the best. Ask them if they want to check with contractors. Forget "payment plans". Give them a range of $1400-$2400 and you hope you can find someone for less. That will be good news if it is $1200/2.
I'd assume they are seeing this crack as well. Yes? If so, evidentially, they don't care all that much, don't have the funds, or looking at future damage doesn't matter. Worse case, you pay for it all and turn it into a positive by going back over and telling them that for future renter's sake, you are going to take care of both bills.
Just be happy it isn't $10K. Let us know how it goes!
I own a home where the small part of the party wall is damaged. I bought the home in 2012 and a photo shows shows no damage to the wall.
However, there was a large tree in my neighbors yard back in 2012.
Fast forward to 2020. The house next door was sold to new owners in 2018 and the yard appears to have been remolded and the large tree removed.
Now, I had two contractors over and it's their opinion the damage was likely caused by the roots of a tree which I assume was the large tree in the yard next door..
The cost to repair the wall is around $1200-$1400. I would like my neighbor to split the cost given we share the party wall.
Question: Does anyone know if my neighbor can legally refuse to pay half given the damage was caused by a tree before they bought the house?
We're talking money and unfortunately my experience has been when money is involved things often get difficult.
Before I speak with my neighbors it would help if I had at least some idea if they can legally say, "Sorry not our problem. The tree wasn't here when we moved in. You pay for the repair."
.
Thanks
Legally they can say anything and you’d spend more on lawyers and filing fees than $600. Don’t take the strongman approach.
Here's the battle plan: since the tree was removed the roots are likely dead but I can't be sure. I'll have the damaged area patched. The area isn't large and should be fairly inexpensive. If nothing happens great. However, in time if the patch begins cracking I can move forward then.
Actually there's another issue as well. The lawn installed in my neighbors yard backs up against the party wall. There are a lot of water stains on my side of the wall. I was told if a barrier isn't created between their lawn and the wall erosion will take place.
For now I will patch the buckle area of the wall and won't bring it up. I'll concentrate of the water damage.
One thing I know for certain and that is if I decide to leave AZ... I will sell my properties.
Here what I've learned in life. If people are broke and when it comes to money, they are extremely good at rationalizing why they don't have to do something. So if they feel their back is up against the wall to make ends meet, more often than not you have your answer as to what they will do. And when you make someone upset, they really can rationalize more as why not to pay. This could be your brother, neighbor, or your best friend.
In this situation and if your neighbor is broke, realize you are going to be viewed as a rich person. Assume they are struggling and I'd proceed as follows. Go into this exercise knowing that it is "only" $1200 and that it's good math for you to get it fixed even if you foot the whole bill. This is how you can stay sane.
If it was me, I would knock on the door letting them know who you are. Explain that your last tenant texted you and asked to get it fixed. Explain that you checked who pays (leave the lawyer conversation out of this) and that the normal protocol is for the side deemed "responsible" (root damage on their side) pays. Additionally, someone that was out to look at it mentioned that if you don't get it repaired soon, it's going to turn into the whole wall and 10X more. Don't tell them you know how much it will be and say you are going to get a bid. The delay is to get them involved in the process and eventually think $600 (the split) is a deal. Once they explain they are broke, the economy is freaking them out, etc, let them know you have the same issues going on in your life and you feel their pain. Mention that splitting the bill would work as you don't want major wall damage in the future. That you too would like to get it done in the summer to fall when you loosen up some funds (i.e. you are broke too).
Be pleasant and hope for the best. Ask them if they want to check with contractors. Forget "payment plans". Give them a range of $1400-$2400 and you hope you can find someone for less. That will be good news if it is $1200/2.
I'd assume they are seeing this crack as well. Yes? If so, evidentially, they don't care all that much, don't have the funds, or looking at future damage doesn't matter. Worse case, you pay for it all and turn it into a positive by going back over and telling them that for future renter's sake, you are going to take care of both bills.
Just be happy it isn't $10K. Let us know how it goes!
Yes, when it comes to money people will often rationalize why they shouldn't have to pay or take what isn't theirs. Now, I don't consider myself rich but I have a few assets and some money in the bank.
I worried if I were to suddenly die people would take advantage of my wife who is non confrontational. I thought about asking my brother to help her I don't trust his wife.
I could see my sister-in-law rationalizing my wife doesn't need all that money. However, my brother and his wife have got kids in college and a mortgage. A quick 250 grand or so would dig them right out of their financial hole.
So I got a lawyer my wife can contact.
Last edited by john3232; 03-26-2020 at 09:56 AM..
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