Legal Question in Real Estate Law in Kentucky

liability condition on property

A sink hole exists on your property and spreads to the next door neighbor's property. Someone falls in a hole at the next door neighnbors. Who has liability? How can you protect yourself from a possible suit? Can you sell the portion of the property that contains the sink hole to your neighbor who has offered to buy it?


Asked on 12/29/97, 7:35 am

1 Answer from Attorneys

Patrick A. T. West Ohio Ticket Defense Patrick A. T. West, Attorney at Law

Sinkhole on property

If you fence off the sinkhole and put upwarning signs on your property, you have noliability for someone falling into the sinkholefrom your neighbor's property, any more thanif someone fell from a highwall which ran from your property onto your neighbor's property andthe fall occurred on your neighbor's side.

There is no reason you cannot sell that portionof your property containing the sinkhole.You will need to contact a lawyer and asurveyor because you will need a descriptionin metes and bounds of the tract you are selling.You should probably also have an engineerdo an inspection and tell you how big the sinkhole is going to get so you can sell theentire tract where it will be. If it is overa deep mine with a collapsing ceiling, itcould work its way to your house, yourbarn, etc.

The State of Ohio had a problem with just sucha sinkhole on Interstate 70 in Guernsey orBelmont County and it cost millions to makeit right.

Good Luck!

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Answered on 1/02/98, 12:24 pm


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