Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
‘I have found that I have a damaged sewer line from my neighbors fence post. The problem is these people just bought the house a few months ago and do not think it is their problem. Nobody knows how long ago the fence was installed,but it is their fence. What can I do? Thank you’As a practical matter, I would refer this to your homeowner’s insurance company. They may be in a better position to track down who is responsible than you are.
Question: However, in theory the responsible party is whoever actually installed the fence. If you can’t figure that out, you could sue all the possible parties (everyone who owned the property for as long as the
fence might have been there), but that may not be practical-not to mention a good way to have your new neighbor pretty upset with you.
Answer:
Of course, I’m assuming that the damage took place on installation. It’s possible that it happened later, which further complicates the matter. The one thing you know for sure is that it’s not you that
damaged it, so you are in a legal position to let the rest of them argue the point.
