(WSVN) - It seemed like a minor problem: a water leak on their neighbor’s property, but the result was a long trench. They lost their cable TV and their sprinklers were broken. Who is responsible for fixing it? It’s tonight’s Help Me Howard with Patrick Fraser.
Some things bring great pride. For the Harrypersads, it was buying their own home. Disc Plough
Sunil Harrypersad: “This was the, this is the first and only property that they have purchased … and this house they’ve lived in for 30.”
They take care of the house, the lawn and, lately, they’ve had to take care —when they walk outside.
Sunil Harrypersad: “What appeared to be something simple, my dad identified that there was water gushing from the front.”
Sunil’s parents checked to make sure it wasn’t a sprinkler, then called the City of Coral Springs.
Sunil Harrypersad: “The city identified that the issue was a broken pipe, water pipe at the neighbor’s house, but it required trenching, digging to understand where the break was in the line.”
The homeowner dug a long trench and discovered the culprit: a palm tree on the neighbor’s property.
Sunil Harrypersad: “There were roots wrapped around those sections of pipe, so essentially the roots caused the damage of the pipe … all this root system. This is where they were cutting and cutting and cutting.”
Digging the trench exposed one problem and created several more.
Sunil Harrypersad: “We noticed that the televisions were, were not operating … they have damaged the cable lines … they have damaged my parents’ sprinklers.”
The Harrypersads tried to contact the investor who owned the house next door, asking them to repair everything they broke.
Sunil Harrypersad: “We’ve sent emails. We’ve made phone calls, and it just seems like the issue is falling on deaf ears.”
As months passed, another problem: children.
Sunil Harrypersad: “They have their grandkids that come over, and they can’t really go out in the yard to play simply because it poses a huge safety issue.”
And of course, as the new water pipe is installed, you see the root of the problem still remains.
Sunil Harrypersad: “And it’s put back in the same area right next to the tree roots again, so this is going to result in the same problem in the future.”
Talk about a mess, so legally, Howard, after waiting months, how can you get this straightened out?
Howard Finkelstein, 7News legal expert: “In this case, the law is clear and gives the neighbor the right to an easement to dig a trench to fix their water line, even if it damages their neighbor’s property. However, the law also requires them to repair any damage they cause in a reasonable amount of time, and two plus months is not reasonable.”
We contacted Invitation Homes, which owns the house.
They wrote, “We’ve contacted the neighbor affected by the main water line issue and are working to address the impact to their property,” and they did, repairing the Harrypersads sprinklers, filling the trench and laying down sod. With that completed, the cable company will now restore TV to the house.
Sunil Harrypersad: “I’m extremely happy, extremely happy with the progress.”
But one more thing, can the Harrypersads require their neighbor to remove the palm tree that caused the damage before it does it again?
Howard Finkelstein: “No, the law will not allow you to require your neighbor to cut down a tree. However, you can remove any branches or roots that cross your property line.”
You can’t win ’em all, but Sunil and his parents are happy they won enough.
Sunil Harrypersad: “Well listen, my parents are ecstatic that we called Help Me Howard because you know what? Without you guys, they weren’t getting answers.”
Happy to help you and your parents, Sunil.
Now, if someone has to dig close to or onto your property, make sure you know who is doing the digging because that’s who you go after if they cause any damage to your property.
Dug a hole you can’t get out of? Ready to ditch the headache? Don’t accept a watered-down solution, cause we won’t let the grass grow under our feet.
CONTACT HELP ME HOWARD: Email: helpmehoward@wsvn.com Reporter: Patrick Fraser at pfraser@wsvn.com Miami-Dade: 305-953-WSVN Broward: 954-761-WSVN
Copyright 2023 Sunbeam Television Corp. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
WSVN-TVSunbeam Television Corp 1401 79th Street Causeway Miami, FL 33141 Switchboard: (305) 751-6692 Newsroom: (305) 795-2777
Tillage Machine All content © Copyright 2000 - 2024 WSVN-TV. WSVN broadcast educational and informational programming for children, and file quarterly reports with the FCC detailing the station's outreach to children. The public may view the reports by going to WSVN.com and clicking on "FCC Public File", or by visiting the FCC's website at FCC.org. For more information on this site, please read our Privacy Policy, and Terms of Service.