Rowhome Construction Damage & Insurance Disputes

In Philadelphia, neighboring construction frequently causes damage to rowhomes and shared structures, including cracked walls, foundation movement, and water intrusion. While these disputes may involve neighbors or contractors, they often also lead to homeowners insurance claims. When insurers delay, underpay, or deny coverage for construction-related damage, legal guidance may be necessary to protect a homeowner’s rights.

If your rowhome has been damaged by neighboring construction and you are facing an insurance dispute, the attorneys at Freundlich & Littman, LLC offer free consultations.

Call 215-545-8500 or complete our free consultation form on the Contact page to discuss your options.

Nuisance Law

As a property owner in the Philadelphia area, you have a right to the “quiet and peaceful enjoyment of your property.” More commonly, people call these laws nuisance laws. Laws exist to limit the amount of noise. There are further limitations dictating when a person may engage in the loud and disruptive behavior.

Nuisance laws do not just protect from noise. It could also be a smell causing the nuisance. Backyards in the city are often close together. Composting is a great way to provide natural fertilizer for plants. The main downside is the smell. If your neighbor’s compost pile is too big or smelly, you might lose the ability to enjoy your backyard. The smell might even permeate your house.

Nuisance laws exist to keep the peace among neighbors. The does not mean neighbors like to follow the laws. Likewise, some neighbors are too sensitive to the slightest noise. Whatever the reason, you have legal recourse. We can help you solve your neighboring property dispute.

Encroachment

Most often, the source of encroachment is trees and shrubs. Some types of trees have invasive roots. If the tree grows too wild, the roots interfere with neighboring properties.

Roots can grow so invasive that they affect the foundation of a neighboring property. Before the roots of a neighbor’s tree put a crack in your foundation, you need to get the roots taken care of.

Even if the roots are fine, the tree could hang over wires. Every time there is a storm, a branch falls off and knocks your power out for days. The neighbor’s apple tree drops apples into your yard each season. It draws in squirrels that destroy your prized plants.

All these encroachments interfere with your property rights.

Neighboring Property Boundaries

The last big area of contention amongst neighbors is property boundaries. The best way to know your property limits is to consult a surveyor. These measures are not without fault. You could rely on a surveyor, but they sometimes make mistakes. If there is a dispute over property, there are several ways to figure out a discrepancy. First, you can check with government records. Their records may reflect a more accurate detail of true property boundaries. If you find a discrepancy in the boundaries, it may not matter. In property law, there is a concept called, “adverse possession.” If another person used a piece of your property, they may own the property. The use of the property must meet statutory requirements. The non-owner must exclusively use the property for a statutory time requirement. The use must be open and without permission. The law on adverse possession is complex. If you think you might be in adverse possession situation, contact us immediately.