tinkarooni
<font color=teal>Gets way too excited about saving
- Joined
- Jan 22, 2006
- Messages
- 1,395
Although the OP should not be inconvenienced going out there marking the lines, the OP does have to pro-actively say something about the sprinkler lines.
"I don't have time to go out and mark the sprinkler lines but if the tent company can do that task so as not to damage them with the tent stakes then it is okay to have the tent come onto our property."
Or, applying the KISS principle,
"I'm afraid they might break my sprinkler lines and I don't have time to go mark the lines myself therefore I will have to say no. Maybe next time." Inviting a reply such as "I'll have the tent company find the lines before erecting the tent." at which time the neighbor has accepted the responsibility.
The OP does not install tents for a living (I assume
) It is the professionals responsibility to be sure they do not damage property. The fact is how was she to know they were going to stake into her grass, maybe she assumed that they were going to use barrels, maybe she didn't think about how a tent was installed at all, maybe she didn't realize that the stakes went so deep as to damage lines. We can not all be experts in every field, that is why we hire professionals and rely on their expertise. This is why the tent company informed their client of the possible damage to underground lines and had them sign a contract acknowleding that . In notifying the clients of the potential hazards they did their professional duty of making aware, they did not do this for OP. Now if they had told her we could damage underground lines and we are not responsible and OP didn;t speak up than she would be on the hook, but this didn't happen.Every day we hire professionals to do things, because we expect them to give guidance and professional advice in their field, that's why they are hired and paid, when they fail to do so they are responsible. In this case the neighbor is also responsible for not notifying the tent company they were on someone elses land unless that was obvious.
OP- they can't force you to allow them to repair it. It doesn't sound like you have spoken to their insurance company, probably just the tent company. No reputable insurance company would demand that you allow the tent company to fix it. I would demand that they file a claim with their insurance company. If they refuse call your neighbor and ask them if they know who the tent companies insurance is with (it might be on the contract) and call and file a claim yourself.

