Legal Question in Civil Litigation in Florida

Pool Construction- Neighbor making claims

We had a pool built and had an agreement with our neighbor that any damages to their property from the pool construction would be paid by us. The pool was done in the beginning of December and in mid-Feb we received a notice that their sprinkler system was damaged from our construction and that their plants and grass needed to be replaced as well since they could not be watered. The backhoe imposed on about 2 feet of their property line during construction and we re-sodded this area. We've had the pool company inspect their property and they say that it is unlikely that the neighbor's damages could have been done from the construction. They are now telling us that their repairs will be done at the end of April . My question is are we responsible for paying for these damages when there is no concrete evidence that anything was damaged from our construction. Who has the burden to prove their side here?


Asked on 4/07/07, 4:20 pm

1 Answer from Attorneys
florence hessen florence f. hessen,esq

Re: Pool Construction- Neighbor making claims

Hi:

If you do not pay your neighbors, then

they may sue you and they have the burden. However, what I suggest before it gets to that point that you all sit down and try and resolve this matter amicably.

Good Luck

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Answered on 4/09/07, 12:55 pm


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