What can I do if my neighbor at my townhouse replaced his roof shingles but also replaced 1/3 of my shingles without my knowledge?
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What can I do if my neighbor at my townhouse replaced his roof shingles but also replaced 1/3 of my shingles without my knowledge?
My roof and my neighbors roof are attached together on one long roof. It was approved by the HOA to update the roof tiles by my neighbor and in doing this he went pasty his property line and replaced 1/3 of my roof with new shingles. The new shingles are dramatically different than the old shingles. We had no intention of replacing the shingles and we were looking to sell soon. The HOA approved of the change and is of no help to me, basically saying to bad, deal with your neighbor. I am pretty sure I won’t be able to sell the house with half a roof re-shingled. What can I do to get the neighbor to a put my property back to the way it was or help with the cost of the rest of the roof which I had no intention of replacing at this time?
Thank you,
Christine
Asked on February 24, 2016 under Real Estate Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You sue your neighbor. Regardless of the HOA's approval, he had no right to deface or change your property without your consent, and you can sue him to recover the cost to redo and fix your roof. If the cost is less than or equal to the limit on small claims court, a good option would be to sue in small claims, acting as your own attorney: it is a straightforward case, so you could act as your own attorney ("pro se") to save on legal costs; and small claims court moves faster than other courts.
You should also name the HOA, since a court could find that hey are a necessary and indispensible party and could also find that the HOA is liable, if they had control over what your neighbor did. If they are not in any way liable or responsible, let they prove that in court.
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