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ERIC R | Hi everybody, my neighbours are stopping the workmen repairing my chimney because the structure they are using |
is overhanging her "air space" (quote). She is also now asking for some compensation from the insurance company who is paying for this repaires. What are my options?
thank you in advance.
Eric |
 |
 
old know all
 |
It might have been neighbourly to discuss it with them first. Have a word with the claims department at the insurance company, they will be used to dealing with anally retentive neighbours. If it goes to Court, you'll win. |
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MSAD
|
Well....If she could submit documentation to me showing that she owns the air and how much it is costing her to have the workmen 's equipment in her "air space" then I may give her $100.00 nuisance value.
But she does not own the air. That's why US Air does not have to pay rent to fly over your house. Your deed is for the land - not the air above it. I'm sure this is a well litigated area - probably more having to do with branches from a tree on your property over hanging the property line.
Give her your insurance companies number and let them deal with her - if she gets really pushy with it - they can refer the legal question over to an attorney to determine if she has a valid claim. Then if she wants to fight it - they can fight back. All depends on your company.
Also - let the contractor doing the work know about this non-sense. He's probably run into this question before. He may also know if the lady can stop the repairs - did he pull the needed permits?
You may also want to call the office that issues the construction permits. If you tell them about your situation, they may be able to tell you a little about the law regarding air space or be able to recommend who else you can speak to about it. |
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mamatohaley+1
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No advice just had to chime in here and say what a b**ch!! |
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aires69uk OFFICIAL
 |
The workmen will have a right to reasonable access to do the work and your neighbour is not entitled to any compensation. It would be best to try and reason with her but whatever, your workmen do have the right to reasonable access. |
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Al Zymer
|
Firstly try diplomacy/ reasoning. If you get no success there, advise the insurers of the situation, then go ahead regardless. |
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boohoohoo
 |
Options? phone your Citizens' Advice Bureau now. |
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Nimbus
 |
There is no right to airspace, and householders usually have a provision in their land agreements to allow reasonable space for essential maintenance or repairs. Just as you should allow that space if the neighbour had a problem.
Provide the neighbour with the name and address of the insurers if they want to seek compensation but your neighbour will have zero chance of success |
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mary s
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the "air space" has a right of easement. If there is no damage to your greedy neighbors property then disregard the neighbor. The contactor is responsible for any damage to anyone's property while they are on the job.Take pictures, keep records of conversations(dated). Phone calls.etc.They cannot stop the work during reasonable hours |
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Staci
|
Eric pick up the ph and call your insurance company. Allow them to handle the neighbor. While it would of been nice to advise her that work was being done. I doubt legally she has a leg to stand on and they or you could probably charge her for delaying repairs to your property.
Each state has different laws regarding property. Ck with your local buidling inspectors office to see if their is a city/county ordinance that gives her any rights. As long as your not on her property, haven't harmed her land and belongings... I really believe she all hot air. But stranger things have happened so CYA and let the insurance company deal with the Witch! |
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sraj26
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Hi
Very Good Question. do you want the expert opinion? please go to Pickanswer.com |
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