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Property Damage

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Old 01-10-2007, 04:55 PM     #1
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Default Property Damage

A lot next to our home was sold to a development company and they constructed an office building on the property. In order to to construct it, they had to move our electric, phone and cable utilities and install them underground. No notice was given to us at the time of installation and no approval on our part was given. Our ashphalt parking area, sidewalk and yard were excavated and the line was installed while I was at work. This was completed over a year ago and our parking area, and sidewalk have yet to be repaired. We leveled out the lawn and planted grass at our own expense. We also agreed to relocate an easement which ran through the property and move it to avoid the construction area. It is an ingress and egress easement for our benefited property. The property that the building is on was built up to the point where our easement floods on to our property every time it rains. It uesd to be the highest point and never floded before. The flooding has undermined some of the ahsphalt in our parking area and destroyed what is left of our sidewalk and concrete garage apron. We have contacted the contractor as well as met with the Building department and Engineer form our city to try to have our property restored. The city also informed us that any new drive in the city has to be paved with ashphalt or concrete. The builder was responsible for constructing it and has just laid gravel to date. The building is finished as is their concrete and paving work and it is for lease.
We would like to know what our legal rights in this matter are and how to go about getting our property restored. Thanks for any help.
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Old 01-11-2007, 11:40 AM     #2
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Default Re: Property Damage

Based on what you say here, you could file suit against them (or at least threaten to do so) in small claims court or in regular court; filing in small claims court is easier and requires no attorney...but damages are limited
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Old 01-12-2007, 05:59 PM     #3
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Default Re: Property Damage

The damages are estimated to be about 8500.00 for the property repairs and 13,000.00 for the drive paving. How much will small claims allow. We live in Ohio. Thanks.
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Old 01-13-2007, 01:55 PM     #4
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Default Re: Property Damage

usually less--so you have to accept the cap or use regular court and pay lawyer's fees
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