[B. Johnson]

We are planning for the construction of a pool. The digging equipment must access the rear of our home via the side of our and the neighbors homes which may result in some damage to the sod on both propereties. Normally I would contact the neighbor to discuss, however, the neighbor will not be living in his home for about 2 years and I have no way of contacting him (I am seeking to obtain his name & number; what if he refuses to give permission?). Another neighbor told me that I do not need his permission but that I am liable for the repair of any damages incurred; which I accept responsibility for. Am I on shaky ground if we proceed without contacting the neighbor?

[Hunt Law Firm]

It would not be advisable for you to allow heavy equipment to cross your neighbor’s property without receiving your neighbor’s consent prior to doing so. You could be held liable for any damage that the equipment causes to your neighbors land. Additionally, your homeowner’s insurance will likely not cover any damage or injury that occurs on your neighbor’s property.