My Neighbor’s Fence Damaged My Sewer Line. Whose Responsibility is it to Fix?

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‘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’

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.

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.

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.

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Author: House Attorney

A house attorney has answered this question.