OT: who is at fault?

[happygirl]

I don't want to be mean, I think you are at fault. How would they have known there was a sprinkler system. I think you should have told them, when they asked you if they could put the tent there

 

[kaytieeldr]

"They" who? The neighbors with no fence between the two properties could reasonably be expected to know (have noticed) automatic sprinklers next door. The tent company, not so much.

 

[deerhart]

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

but the tent company did not have a contract with the OP, but with their neighbor. Therefore, the tent company may also be liable because the OP is NOT BOUND to a contract they did not make!

 

[rumrunnergirl]

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[msmayor]

I think the neighbors should pay. When they asked the OP to put the tent on the property, they (neighbors) knew the sprinkler lines needed to be marked and they were responsible for telling the OP this- "Thanks! You will need to mark your sprinkler lines before Friday when the tent installers are here."

The tent installers, if between the lot of them had two working brain cells, should have noticed if the lines were/weren't marked, and if they weren't, should have said something before installing the tent. "Hey, your sprinkler lines aren't marked and we need to know where they are before we stake the tent or we could puncture a line."

A little bit of courtesy and communication would have prevented this whole problem. Since the neighbors didn't inform the OP about the need for line marking on their yard and they're the ones who signed the contract, they should pay for the line repair. If they don't, maybe you can fix it yourself for super cheap. I think going to small claims will be more expensive than fixing the pipe. Sometimes it can suck being nice.

I disagree. The tent people could not be expected to know there is a sprinkler system there. The sprinkler heads are not necessarily easy to see; they are often 'buried' by grass blades.

 

[buckler]

"They" who? The neighbors with no fence between the two properties could reasonably be expected to know (have noticed) automatic sprinklers next door. The tent company, not so much.

Good point. The neighbors had to know the sprinkler system was there. I know which of my neighbors have sprinklers, even with fences separating our yards.

 

[deerhart]

I wouldn't be surprised if the tent company was even aware they were placing the tent on two different properties.

Also, since OP was not privy to the contract and thus not a customer of the tent company, they are likely not to have given her any information beforehand either (if she even knew WHO the tent company was before they pulled up to place the tent, and if they were even home when it was done)

 

[southbarringtonjen]

Wow I had no idea so many comments would happen so fast.

Here are more details. The request was made Thursday night as we were practically walking out the door for the holiday weekend. The tent was supposed to be entirely in the neighbor's yard but the tent company had some requirements about certain overhead obstructions and distance from it. The result was a last second shift into our yard.

The real problem is the line was cut and we were gone for the weekend. As it was super hot and dry here, plus a day of a tent on our yard, my husband thought it would be a good idea to set the sprinkler system to run extra long. So we had a mini gyser coming out of the lawn and right next to an area of delicate landscaping that was under repair already. Long story short, the area got muddy and landscaping stones shifted, some items were damaged, and it is a mess.

It isn't as simple as replacing a broken pipe. It isn't as simple as just sorting it out between us because everyone around here has a lawyer on retainer, if they aren't one already. We once were sued by another neighbor because we removed a dying tree that was in danger of falling and it caused their patio to now be in more direct sun and caused some prized rose bushes to under bloom. Yes I'm serious.

 

[sk!mom]

Your neighbors should take care of the repair. If they think it's the fault of the tent company then it's still up to them to work out. If they were going to use part of your yard then they should have had the lines sprayed there as well.

I would have it repaired and send the neighbors the bill. If they refuse to pay it, then I guess you have to ask yourself how far you want to take it. Depending on the repair cost it may or may not be worth seeking a lawyer, small claims court, whatever. At any rate, if they didn't just immediatly offer to do the repair, they wouldn't be welcome in my yard again and the relationship would be strained.

I'm sorry for you. These kind of stuations make you wonder if it's worth it to be a good neighbor.

 

[TIAMOMMA]

Wow I had no idea so many comments would happen so fast.

Here are more details. The request was made Thursday night as we were practically walking out the door for the holiday weekend. The tent was supposed to be entirely in the neighbor's yard but the tent company had some requirements about certain overhead obstructions and distance from it. The result was a last second shift into our yard.

The real problem is the line was cut and we were gone for the weekend. As it was super hot and dry here, plus a day of a tent on our yard, my husband thought it would be a good idea to set the sprinkler system to run extra long. So we had a mini gyser coming out of the lawn and right next to an area of delicate landscaping that was under repair already. Long story short, the area got muddy and landscaping stones shifted, some items were damaged, and it is a mess.

It isn't as simple as replacing a broken pipe. It isn't as simple as just sorting it out between us because everyone around here has a lawyer on retainer, if they aren't one already. We once were sued by another neighbor because we removed a dying tree that was in danger of falling and it caused their patio to now be in more direct sun and caused some prized rose bushes to under bloom. Yes I'm serious.

Wow, unbelievable, friendly place you live in! I hope it all works out, the decent thing would be for your neighbor to fix it for you. In the words of LeAnne "Money doesn't buy you class", lol.

 

[kaytieeldr]

I wouldn't be surprised if the tent company was even aware they were placing the tent on two different properties.

I'd be surprised if they weren't. If the host didn't have enough land available to hold the tent, the houses must be close enough together that the tent likely overlapped not just the OP's land but also home. To be clear, the tent wouldn't have entered the OP's home but a bird's-eye view would have shown that the far edge of the tent extended into the OP's yard beyond the near end of the home.

 

[PinkJade]

To OP - Is your screen name where you live?

I had to laugh after your last comment because I realized, my sister, who is an attorney in Chicago, lives near a town South Barrington.

I still feel it is the neighbor's responsibility, but I understand where you are coming from. So many rules and regulations in her neighborhood. Made me feel glad I live where I do. And unfortunately when lawyers are involved it seems to make this type of thing so much more complicated than it needs to be. Of course the lawyers always think they are right.

I hope the neighbor's step up and the issue resolves easily for you.

 

[MarilIncredible]

Legally, I still think you are at fault, OP, since you were in the best position to avoid the property damage (as the property owner, you knew or should have known where the underground lines were; it is patently unreasonable to expect a neighbor or a third party vendor to know where the lines run). In my professional opinion as an attorney, I do not think you would win if you took the neighbor or the tent vendor to court.

 

[P.I. Squirrel]

Wow I had no idea so many comments would happen so fast.

Here are more details. The request was made Thursday night as we were practically walking out the door for the holiday weekend. The tent was supposed to be entirely in the neighbor's yard but the tent company had some requirements about certain overhead obstructions and distance from it. The result was a last second shift into our yard.

The real problem is the line was cut and we were gone for the weekend. As it was super hot and dry here, plus a day of a tent on our yard, my husband thought it would be a good idea to set the sprinkler system to run extra long. So we had a mini gyser coming out of the lawn and right next to an area of delicate landscaping that was under repair already. Long story short, the area got muddy and landscaping stones shifted, some items were damaged, and it is a mess.

It isn't as simple as replacing a broken pipe. It isn't as simple as just sorting it out between us because everyone around here has a lawyer on retainer, if they aren't one already. We once were sued by another neighbor because we removed a dying tree that was in danger of falling and it caused their patio to now be in more direct sun and caused some prized rose bushes to under bloom. Yes I'm serious.

WOW! You're right. This is way worse than it needs to be. IMO, even though you gave permission to use your lawn, you did not give them permission to destroy your lawn. In this case, the direct liability goes on the hand that drove the stake. You really don't need to be asking us. You should already be on the phone with your attorney, because the company that placed the tent should cover it on their liability insurance. Your neighbor signed an agreement (perhaps, a release) with them. You didn't. Have your lawn repaired. Send the company the bill, with a short fuse to pay. You may be smart to get 2 or 3 estimates, so what you may end up suing for can be judged as reasonable damages.

Good luck.

 

[rumrunnergirl]

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[SouthernExplorer]

We once were sued by another neighbor because we removed a dying tree that was in danger of falling and it caused their patio to now be in more direct sun and caused some prized rose bushes to under bloom. Yes I'm serious.

With neighbors like yours who needs enemies? I'll assume that you don't live in the South. I would quickly repair damages, get a good realtor, and move to a friendlier neighborhood.

 

[hlkeck]

Yikes! I'm kind of appalled by the attorneys answering when they don't know your state or whether they are licensed in your state...as an attorney myself, I won't be stating my 'professional' opinion...just an "I'm sorry this happened" and I hope you will consider mediation before court.

Court is a long drawn out battle that - as you know after the rose bush incident - only helps the lawyers, not the neighbors. Mediation is a much simpler, peaceful, cheaper, less stressful solution that will attend to both of your needs.

Good luck! I'm interested in how it works out.

 

[Gigi22]

Truthfully--I would just do the repair, and send the bill to the neighbour. I would ask them to pay half. There has to be some give and take here, and it seems to me that the neighbour should understand that. If they don't, then they also have to understand the consequences of a soured relationship with you--which means they better have some other neighbours they haven't ticked off yet!

 

[Tina]

It seems to me that if you were kind enough to allow them to use your yard (and basically save their party at the last minute), they should be kind enough to repair any damage done to your property.

 

[skw444]

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

I agree with this. I would be going after the tent company for erecting the tent on your property without your approval or release. Just because your neighbor asked...it's not in writing anywhere for the tent company.