OT: who is at fault?

[mrsklamc]

OP- Is the property line obvious?

 

[southbarringtonjen]

For all the arm chair lawyers out there, yes I live in South Barrington, IL. No the property line is not obvious. Fences aren't usually allowed, so most people have the electric invisible dog fences. This is a gated community. The way our property lays, there are several hundred feet between the two houses.

As we had on going work to begin with on the property that 2 days of direct water leaking caused to slide, the damage to repair that is probably at least $5000. I'm not sure what the sprinkler system repair job would be, so add that on plus other fees. I could see it easily get to be close to $10,000 to make it look like it never happened, which seems to be the minimum my husband will stand for.

As to the conversation to erect the tent, it went like this. At 9pm in our driveway, "Hey Jen, the tent guys need to slide the tent further down than we thought. Can we set it up over there" (pointing to general area it would go). I said umm, sure. That was it.

 

[krcit]

I'm very suprised at some of these responses. The neighbors asked a favor of the OP and damage was done to the OP's yard and sprinkler system.Legalities aside, common decency would dictate that the neighbors pay for any repairs. I really hope it doesn't get to the point of lawyers and the neighbors get their heads out of the rear-ends and pay up.

 

[wmharley]

if folks sue because trees come down and prized roses get ruined due to more sunlight, i'd certainly not encourage any encroachment into my yard for something like this.

I cannot see how $10,000 worth of work happened. Some stones got shifted, some plants died.. but sod grows back (especially I'm sure in your area), etc..

but hey... I'mnot as picky...

 

[brettb]

Given that the total damages are far more than a typical deductible, could the OP make a claim on the homeowner's insurance and let the insurance company handle the rest?

I'd suspect that insurance company would go after the neighbor - who is the only party that released the tent company of all liability.

 

[lovesmurfs]

For all the arm chair lawyers out there, yes I live in South Barrington, IL. No the property line is not obvious. Fences aren't usually allowed, so most people have the electric invisible dog fences. This is a gated community. The way our property lays, there are several hundred feet between the two houses.

As we had on going work to begin with on the property that 2 days of direct water leaking caused to slide, the damage to repair that is probably at least $5000. I'm not sure what the sprinkler system repair job would be, so add that on plus other fees. I could see it easily get to be close to $10,000 to make it look like it never happened, which seems to be the minimum my husband will stand for.

As to the conversation to erect the tent, it went like this. At 9pm in our driveway, "Hey Jen, the tent guys need to slide the tent further down than we thought. Can we set it up over there" (pointing to general area it would go). I said umm, sure. That was it.

Given the conversation, and the word "slide the tent...", (and given the time of night), it wouldn't have occurred to my brain that there would be digging involved. Yes, most tents have spikes, but (not having had a tent set up or had need to look into contracting for it), it wouldn't have crossed my mind, nor should it have had to.

I'm sure you have already, but make sure you have lots of pictures.

 

[southbarringtonjen]

I cannot see how $10,000 worth of work happened. Some stones got shifted, some plants died.. but sod grows back (especially I'm sure in your area), etc..

but hey... I'mnot as picky...

This wasn't a decorative rock or two displaced. Keep in mind in this town you can't build anything unless it adds to the property value of everyone around you. You can't have a Home Depot bought shed to store your lawn mower. The area affected is the edge of the pool hardscape. I've been told that is the correct term to use by the "designer" on site today to evaluate what to do next. Imagine a waterfall into a hot tub, into a pool type setup. Under the waterfall area is a hidden storage area that also takes advantage of the natural slope of the yard there. So of these boulders used to create the illusion are man made, some are natural. The non man made ones are several hundred pounds. I know it is crazy to pay several hundred dollars for a rock, but you should see the engineering effort it takes to put this all together.

The damage wouldn't have really been much more than the broken pipe if we weren't in the middle of a pool expansion. To better imagine the damage think of a 500 pound rock 4 or 5 feet in diameter sliding down a series of steps, crushing flagstone as it goes that took 2 poor guys like 3 days to lay by hand.

The owner of the tent company just left, so we'll see what happens next. He took lots of notes. At the advice of someone the police were called as this was reported as vandalism, since technically property damage took place while we were out of town. A lot of people are muttering to themselves and the heat sure doesn't help.

 

[hlkeck]

At the advice of someone the police were called as this was reported as vandalism, since technically property damage took place while we were out of town. A lot of people are muttering to themselves and the heat sure doesn't help.

And did the police say that vandalism requires an "intent" to damage the property? This is clearly actionable by lawsuit...but it doesn't sound criminal. I can understand being upset and wanting someone to pay for this - but you don't want someone to go to jail, right?

 

[Praying Colonel]

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.

Again, I don't believe you need to hire an attorney at this point. Your neighbor has homeowner's insurance, and you should contact the neighbor's homeowner's carrier to make a claim.

If the claim is denied, then you may have to go to small claims court and/or retain counsel.

 

[mrsklamc]

Isn't $10,000 more than a small claims court case?

 

[brettb]

Again, I'd expect the OP's homeowner's insurance company would offer advice and would advocate on their behalf. They'd much rather your neighbor's liability insurance pay the claim than pay it themselves.

 

[hlkeck]

Isn't $10,000 more than a small claims court case?

Likely. The threshold is $2500 in Ohio...

 

[AZMermaid]

I think the neighbor is responsible since they didn't warn you about the sprinklers and I see how this could really get pricey when it affected your remodel. I wonder why the neighbor didn't see the leak and subsequent damage before it got to that point. It seems like they should have called you and/or called a lawn care person to at a minimum stop the leak until you got back and it got worse. I think this opens up their negligence as well since a) they knew you were out of town, b) they knew it was your property and c) you did them a favor by letting them move the tent.

 

[ZuZugal]

All I'm wondering is what the heck is this $10,000 plus dollar conversation about a tent/landscape area/backyard/irrigation system doing on the BUDGET BOARD???

Holy rotten tomatoes.

 

[mrsklamc]

All I'm wondering is what the heck is this $10,000 plus dollar conversation about a tent/landscape area/backyard/irrigation system doing on the BUDGET BOARD???

Holy rotten tomatoes.

Just cause you have money doesn't mean you want to blow it; If I won millions playing powerball, I would still be on the budget board.

 

[mward73]

I have no idea who's at fault, but when we rented a tent 2 weeks ago, the company asked us if there were any sprinkler lines and made us sign a waiver before they would put the tent up. I'm guessing it's either yours or your neighbor's fault, but I can't imagine how it would be the tent company - they have no way of knowing where your lines are unless you tell them.

 

[here757]

All I'm wondering is what the heck is this $10,000 plus dollar conversation about a tent/landscape area/backyard/irrigation system doing on the BUDGET BOARD???

Holy rotten tomatoes.

rude much?
how do u think the rich stay rich? they budget...

if there was a waiver involved that would be between the renter and the tent co..
might fall on the tent co.. for not getting another waiver..

 

[badblackpug]

After reading all the responses here is my opinion...and it is just that. I think the neighbors should pay. Personally, never having had a tent put up, I would have no idea that there was the potential to damage sprinkler lines. Some may think that lacks common sense, but I am being honest. Apparently the neighbors signed a contract with the tent company stating that they were not responsible for damaged lines if the lines weren't clearly marked. I think it was the neighbors responsibility to pass this info on to the OP. The neighbors were well aware of the potential to damage the lines.

I don't think it was vandalism. I don't think there was any intent to damage anything. I think it was negligent of the neighbors, but not malicious. I think, more than likely, the neighbors had a big event planned, at the last minute they found out the tent couldn't be set up in their yard, and they took their chances regarding the sprinkler lines rather than cancel or alter their affair.

As for budget, that is certainly a relative term! Some people's budgets are larger than others, budget can refer to how you spend your money, not how much money you spend.

...and if you have an in-ground pool, you know that $10,000 is a fraction of the total cost.

 

[brettb]

This http://en.wikipedia.org/wiki/Subrogation is what I was thinking of when I suggested that southbarringtonjen call her own homeowner's insurance company.

I couldn't think of the word before!

 

[Tina]

rude much?
how do u think the rich stay rich? they budget....

I'm pretty sure ZuZugal's post was meant tongue in cheek and not rude. Have a sense of humor already. Jeez....

I doubt budgeting and penny pinching is high on the list of "the rich."