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  1. #1
    Join Date
    Oct 2012
    Posts
    2

    Default Paving Contractor Paved Part of Neighbor's Driveway - Who is Liable

    My question involves a consumer law issue in the State of: MA

    The Background:
    I own a house that I rent out.
    The house shares a driveway with the neighboring house.
    The driveway had deteriorated pretty badly, and a big pot hole had formed this spring on my side of the driveway.

    I decided to replace my side of the driveway instead of patching it.
    I contacted my neighbor to see if he wanted to do his half at the same time

    He said no, that he didn't have the money.
    Instead, he, without my permission, filled in the pot hole.
    A week later, my paving contractor came and re-paved my half of the driveway.

    The problem.
    The neighbor now want me to pay for the work that he did, filling the pot hole
    As leverage, he is claiming that the contractor strayed several inches onto his side of the driveway when he was doing the paving, and is threatening to sue me if I don't pay for the patch


    My question:
    If the paving contractor did stray, who is liable - me or the contractor?

    also, this is not the first time the neighbor has done work on my property without my permission - last year, one of his tenants had backed into my house, damaging the siding. I asked him to pay for it. But instead, he replaced part of the siding. (the color was not a good match, and he replaced an undamaged section as well)

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Paving Contractor Paved Part of Neighbor's Driveway - Who is Liable

    You say you have a shared driveway. Does that mean you each have easements on the others property so the drive can be used by each party?



    Is there any document addressing maintenance of the drive?

  3. #3
    Join Date
    Oct 2012
    Posts
    2

    Default Re: Paving Contractor Paved Part of Neighbor's Driveway - Who is Liable

    Quote Quoting jk
    View Post
    You say you have a shared driveway. Does that mean you each have easements on the others property so the drive can be used by each party?
    No, there are no written easements. The two properties each have a separate driveway, in theory. but physically, they are one strip of paved ground.



    There is no document addressing maintenance of the drive.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Paving Contractor Paved Part of Neighbor's Driveway - Who is Liable

    to the "repair" the neighbor did for you. Send him a thank you card. He is not due anything because you did not contract him to do anything.

    as to the contractor straying beyond the property line:

    depends on who told the contractor where the property line is and if he strayed over the line he was told was the property line. If it is your error, the responsibility is yours. If it is the contractors error, the cost is on the contractor.

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Paving Contractor Paved Part of Neighbor's Driveway - Who is Liable

    I don't think your neighbor will successfully sue you or a contractor for unjustly enriching him.

  6. #6
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,658

    Default Re: Paving Contractor Paved Part of Neighbor's Driveway - Who is Liable

    Quote Quoting smirnov
    View Post
    As leverage, he is claiming that the contractor strayed several inches onto his side of the driveway when he was doing the paving, and is threatening to sue me if I don't pay for the patch


    My question:
    If the paving contractor did stray, who is liable - me or the contractor?
    Did the contractor damage his side of the driveway?
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

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