Legal Question in Real Estate Law in Tennessee

Hi. State of TN. Here is my question.

My neighbor, hired a trash removal company to remove a wooden shed from her property next to my vinyl fence. My vinyl fence was NOT on a adjoining property line. The company decided to burn down the shed, instead of hauling it away (so said the home owner, and without her permission). A large fire resulted and I saw my fence melting before my eyes! I called the fire department who responded and cited the trash company for not getting permission to burn and it was noted on the report that the worker said he would replace parts of the fence (I don't know if he was the owner or just a worker). Bottom line, who is responsible, the trash company or the home owner who hired them? I have went to the home owner to nicely discussed the cost of the fence and she will not come to the door dispite our good relationship in the past. Thanks.


Asked on 8/02/12, 9:09 am

1 Answer from Attorneys

KJW Firm PLC

If the trash company says they will replace it, let them do so. It sounds like there is a good argument for either since they were employed by your neighbor. I would pursue both options and if neither will voluntarily fix the issue, you'll need to sue both of them in General Sessions to resolve the matter (unless you know your neighbor's homeowner's insurance - then you might be able to make a claim against it without your neighbor's direction).

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Answered on 8/02/12, 6:12 pm


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