Legal Question in Real Estate Law in Virginia

My plumber verified that my neighbor (adjoining townhouses) had a water leak that caused about $800 worth of drywall and carpet damage. My deductible is $1000.00. Given that I cannot claim this on my insurance, can I legally expect that my neighbor should compensate me for said expenses? Would this represent a matter that I would win, should I go to small claims court? No doubt, my neighbor will plead ignorance to the matter and that he was not negligent. However, my plumber indicates that he (neighbor) failed to perform routine household maintenance, resulting in the leak (water heater pan overflowed based on clogged drain, which should have received bleach to clear).

Thanks, in advance!


Asked on 10/18/10, 10:27 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Yes, you could sue your neighbor in small claims court for your damages as described, but at the very least you would need an affidavit from an expert witness such as your plumber in support of your claim(s) to have any reasonable chance of prevailing. (If the plumber would be willing to come and personally

testify in your case as to the proximate cause of your damages, that, of course, would be even better.)

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Answered on 10/24/10, 9:28 am


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