Legal Question in Real Estate Law in California

Neighbor's Termites?

We had our house termite-fumigated 3 yrs ago, but we did not fumigate the outdoor fence. Now the neighbor on the other side of the fence has termintes and they are blaming us for 'bringing' the termites to their house. Can they sue us?


Asked on 3/26/09, 7:56 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Neighbor's Termites?

Lawyers usually respond to questions like "Can he sue me?" by saying something like "Anyone can sue anyone else for anything by paying the filing fee." What this means is we need to focus on the merits of the suit and whether the plaintiff is likely to win. In this situation, I think it is very doubtful that you neighbor can establish that you are legally liable for his termite problems. However, you (or your insurance company) might be called upon to make a defense, which could be a nuisance and/or expensive, even if you win. At this point, I suggest you contact a representative of your homeowners' insurance for advice.

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Answered on 3/30/09, 1:13 pm


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