OT: who is at fault?

[P.I. Squirrel]

Hate to seem odd here, but the real blame is the installer of the sprinkler system to begin with. A correct install is at least 6 inches deep, I prefer 9 to 12 inches, especially in areas where the topsoil freezes in the winter. Unfortunately, most new home builders just lay the pipe on the ground and cover it with sod. Not the way to do it, IMO. The same with cable and phone lines, the trench machines shoot for 5-6 inches deep.

What is the construction of the irrigation, white PVC, black PVC, or flexible line? Truth is, it's likely less than $15 in materials at Home Depot. I say, invite the neighbor for a beer, he digs, and you splice the pipe.

 

[msmayor]

Yes, but should she have known there was possible damage to them? I've never set up a tent. It wouldn't have occurred to me that I needed to make sure they knew where the sprinkler lines were.

Absolutely. Any type of tent requires stakes to hold the poles up straight...anyone who has ever seen a tent erected would know that. Stakes go in the ground, where sprinkler lines are buried.

The other option that tent companies will use (but ONLY if they have been warned ahead that stakes cannot be used) is water barrels. They will use 55-gallon drum barrels filled with water that they can anchor the tent lines to. When we needed a tent set up on a road (where stakes could not be used) the tent company used the barrels.

Again, the tent company had no way of knowing that there were lines there. It was up to the homeowner who gave permission for the tent to go onto her property (the OP) to alert both the neighbor AND the tent company that there were underground sprinkler lines. Even the neighbor who was having the party...it really wasn't up to them to 'remember' that there were lines there; it wasn't their property. They asked if the tent could 'spill' into the OP's yard, the OP said yes. At that point it was up to the OP to make sure everyone knew that she had sprinkler lines that needed protecting.

 

[mrsklamc]

Absolutely. Any type of tent requires stakes to hold the poles up straight...anyone who has ever seen a tent erected would know that. Stakes go in the ground, where sprinkler lines are buried.

The other option that tent companies will use (but ONLY if they have been warned ahead that stakes cannot be used) is water barrels. They will use 55-gallon drum barrels filled with water that they can anchor the tent lines to. When we needed a tent set up on a road (where stakes could not be used) the tent company used the barrels.

Again, the tent company had no way of knowing that there were lines there. It was up to the homeowner who gave permission for the tent to go onto her property (the OP) to alert both the neighbor AND the tent company that there were underground sprinkler lines. Even the neighbor who was having the party...it really wasn't up to them to 'remember' that there were lines there; it wasn't their property. They asked if the tent could 'spill' into the OP's yard, the OP said yes. At that point it was up to the OP to make sure everyone knew that she had sprinkler lines that needed protecting.

I disagree. Having seen a tent does not mean you've put any thought into the mechanics of how one goes up. The neighbor clearly knew that there was potential for damage to underground lines, as they had theirs marked. I agree that the OP is responsible for knowing where they are if asked, but they weren't. When the neighbor asked for the favor, they should have included the information that the tent company would need to know where the underground lines were so OP could provide that information.

 

[lovesmurfs]

To me, the neighbor's responsible. They contracted with the company. If it had been me, I would have paid the damage and then went to the tent company for the money -- that would leave you out of the mess.

ETA: I would think that the neighbor does have a valid claim with the installer. The installer should not have erected the tent on someone else's property without having the property marked, or without contracting with both property owners.

 

[mrsklamc]

To me, the neighbor's responsible. They contracted with the company. If it had been me, I would have paid the damage and then went to the tent company for the money -- that would leave you out of the mess.

The tent company is not responsible for the damage. They had in the contract that lines should be marked, and they weren't.

 

[dvcgirl]

I can't even believe that your neighbors didn't take care of this in about 15 seconds. I mean, you did them a huge favor by allowing them to put their stupid tent on your property for *their* party.....and now they're not going to fix your sprinkler line. Not only would I be livid, but I'd inform them that never ever again will they be permitted to place anything on your property. They are complete idiots.

They need to repair it and then *they* can sort out who is at fault. Personally, I think that the tent company needs to pay for the repair....but they should be reimbursing your *neighbors*....who should already have fixed the line.

We had something like this happen to us. We had a company install a fence....the utilities were marked out, but the fence company hit an underground phone line. Our next door neighbor at the time was a radiologist and had a special fax machine at home where he received high resolution x-rays. And so he was without that for about 8 hours while his phone line was repaired. The phone company took care of the line repair.....no charge there. Still, we sent a *huge* gift basket to our neighbor to apologize for the inconvenience.

 

[dvcgirl]

Absolutely. Any type of tent requires stakes to hold the poles up straight...anyone who has ever seen a tent erected would know that. Stakes go in the ground, where sprinkler lines are buried.

The other option that tent companies will use (but ONLY if they have been warned ahead that stakes cannot be used) is water barrels. They will use 55-gallon drum barrels filled with water that they can anchor the tent lines to. When we needed a tent set up on a road (where stakes could not be used) the tent company used the barrels.

Again, the tent company had no way of knowing that there were lines there. It was up to the homeowner who gave permission for the tent to go onto her property (the OP) to alert both the neighbor AND the tent company that there were underground sprinkler lines. Even the neighbor who was having the party...it really wasn't up to them to 'remember' that there were lines there; it wasn't their property. They asked if the tent could 'spill' into the OP's yard, the OP said yes. At that point it was up to the OP to make sure everyone knew that she had sprinkler lines that needed protecting.

The OP said that they could put up a tent on their property. I don't think that the OP needs to be inconvenienced to the point where they need to be out there marking sprinkler lines......the OP was doing a big favor for the idiot neighbors. The neighbor caused damage to the sprinkler line....and they need to take care of it. It's just common sense and decency. The nerve of some people astounds me.

Also, if that's my neighbor, and they hit my sprinkler line....that was damaged by *their* tent....and I have to pay out of pocket to fix it....well, that's the end of me being a "friendly neighbor". The neighbor is an idiot not to realize that.

 

[Belle5]

I feel so sorry for the OP. It's not like they derived any benefit from the stupid tents. They were just trying to be nice. I agree that the neighbors are morons for not paying for this immediately and apologizing profusely! I would be mortified if that had happened to one of my neighbors because of my event! If these neighbors don't make this right ASAP, no more favors!

 

[schoen]

I think it is pretty clear that the "right" thing to do, would be for the neighbor to take care of the accident, and let them hash it out with the company. Their party damaged your property. end of story.

However; legally? I have no clue. I would price out the cost of the repair vs. the cost of a lawyer and make decisions from there. I would also consider how miserable it can be to have unfriendly neighbors, which they would be if you sued them. Tough stuff! Hopefully the neighbors will step up and do the right thing!

 

[msmayor]

The OP said that they could put up a tent on their property. I don't think that the OP needs to be inconvenienced to the point where they need to be out there marking sprinkler lines......the OP was doing a big favor for the idiot neighbors. The neighbor caused damage to the sprinkler line....and they need to take care of it. It's just common sense and decency. The nerve of some people astounds me.

Also, if that's my neighbor, and they hit my sprinkler line....that was damaged by *their* tent....and I have to pay out of pocket to fix it....well, that's the end of me being a "friendly neighbor". The neighbor is an idiot not to realize that.

Then the OP should have said "No, I'm sorry...I have sprinkler lines that I don't want damaged.".

Even if the neighbor KNEW there were sprinkler lines there, its up to the OP to tell them WHERE they are. The neighbor didn't install the OP's sprinkler system and has no way to know where they might be located.

 

[Debbie7452]

It will cost a lot more to consult a lawyer than it will to fix the damage. I would get a quote to fix and approach the neighbors before I hired a lawyer!

 

[IndianaPrincess]

I'm shocked the tent company put the tent on your property without you signing the same release as your neighbors!

 

[IndianaPrincess]

It will cost a lot more to consult a lawyer than it will to fix the damage. I would get a quote to fix and approach the neighbors before I hired a lawyer!

This is exactly what small claims court is for - of course if it can't be worked out!

 

[kaytieeldr]

I like P.I. Squirrel's solution!

 

[aceys_h0ney]

I'm shocked the tent company put the tent on your property without you signing the same release as your neighbors!

That was my thought. How can they hold you to a contract you did not sign? While I do agree that you should have told the neighbors about the sprinkler it does not seem right that the tent company is quoting a contract you didn't sign.

 

[msmayor]

Hate to seem odd here, but the real blame is the installer of the sprinkler system to begin with. A correct install is at least 6 inches deep, I prefer 9 to 12 inches, especially in areas where the topsoil freezes in the winter. Unfortunately, most new home builders just lay the pipe on the ground and cover it with sod. Not the way to do it, IMO. The same with cable and phone lines, the trench machines shoot for 5-6 inches deep.

What is the construction of the irrigation, white PVC, black PVC, or flexible line? Truth is, it's likely less than $15 in materials at Home Depot. I say, invite the neighbor for a beer, he digs, and you splice the pipe.

Great solution.

I will say, though, that even with a correct install (6-12") its still entirely possible for one of those tent stakes to hit a line. Those stakes are 12-18" in length and made of steel; not your standard camping tent stakes.

 

[sarah4770]

I just cant believe that you were kind enough to do your neighbors a favor and then they haven't ponied up immediately to right the wrong, with apologies to any inconvenience to you. You can't buy class.

 

[alwaysmom]

I just cant believe that you were kind enough to do your neighbors a favor and then they haven't ponied up immediately to right the wrong, with apologies to any inconvenience to you. You can't buy class.

Totally agree!!! Contract or no contract. You were neighborly to allow them to extend and the neighborly thing for them to do is apologize and fix. Sorry, but if my neighbor asked me to allow such a thing the only thing I would expect to have to take care after would be the flattened grass.

 

[PinkJade]

How much does it cost to repair? What type of relationship do you have with your neighbors? It's hard to put a price tag on a relationship, but that is almost what you have to do.

If I were your neighbor, and this happened I would pay for the damage, because you were nice enough to allow me to put up the tent and either I didn't give you enough information, or it was just an unfortunate accident. I would deal with the tent company if I felt it was their fault.

I'm not really sure if it would be the tent companies fault or not, did you sign anything from them about putting up the tent? It seems like if the tent company did not consult with you they may be negligent, but that is assuming the neighbor told them it wasn't all their property.

I just hate the fact that anymore, no one wants to take responsibility for anything. I can think this through several different ways and place blame on you, the neighbor, and the tent company, but common sense says that the neighbor is responsible. The unfortunate thing is anymore, you can't be nice and help others, because you end up taking the risk on yourself and someone wants to blame you. It's just sad.

 

[buckler]

How much does it cost to repair? What type of relationship do you have with your neighbors? It's hard to put a price tag on a relationship, but that is almost what you have to do.

If I were your neighbor, and this happened I would pay for the damage, because you were nice enough to allow me to put up the tent and either I didn't give you enough information, or it was just an unfortunate accident. I would deal with the tent company if I felt it was their fault.

I'm not really sure if it would be the tent companies fault or not, did you sign anything from them about putting up the tent? It seems like if the tent company did not consult with you they may be negligent, but that is assuming the neighbor told them it wasn't all their property.

I just hate the fact that anymore, no one wants to take responsibility for anything. I can think this through several different ways and place blame on you, the neighbor, and the tent company, but common sense says that the neighbor is responsible. The unfortunate thing is anymore, you can't be nice and help others, because you end up taking the risk on yourself and someone wants to blame you. It's just sad.

It must not be too hard to put a price tag on a relationship. The neighbor that won't pay to fix the damage obviously has decided the relationship is worth less than the amount they would pay to the OP to fix the problem.