Property Damage

Welcome to Hollington Law Firm. We are one of the few law firms in Colorado that specializes in construction defect and property damage claims. With years of experience and a dedicated team, we have the skills and experience in representing homeowners and property owners in cases of residential construction defects and property damage caused by activities on neighboring properties.

Common Activities Causing Property Damage

Property damage can arise from various activities conducted on neighboring properties. These may include:

  • Excavation and Construction Work: Colorado property owners have a legal duty to prevent foreseeable harm to adjacent properties during construction projects. Colorado courts have held that construction companies and property owners can be liable for damages resulting from excavation, demolition, or building activities that cause soil disturbance, structural damage, or water intrusion into neighboring properties.

  • Water Diversion or Drainage Issues: Improper drainage systems or alterations to natural water flow patterns can lead to water pooling, flooding, and erosion, causing damage to adjacent properties. Colorado's "common enemy doctrine" generally allows property owners to take reasonable measures to divert surface water from their land. However, they must do so without causing harm to neighboring properties.

  • Soil Erosion and Land Movement: Changes in soil composition, grading, or landscaping practices on neighboring properties can lead to soil erosion, slope instability, and landslides, posing risks to surrounding properties. Property owners may be held liable for damages resulting from negligent landscaping practices or failure to prevent erosion.

  • Pollution or Contamination: Industrial activities, chemical spills, or improper waste disposal practices on neighboring properties can contaminate soil, groundwater, and air quality, impacting nearby properties and residents. Property owners and operators may be liable for damages resulting from environmental contamination under various state and federal laws.

  • Encroachments: Overhanging structures, tree roots, or boundary disputes can encroach onto neighboring properties, causing physical damage, obstruction, or interference with property rights. Colorado's laws on boundary disputes, encroachments, and nuisance provide remedies for property owners affected by encroaching structures or vegetation.

Potential Claims Arising from Damage to Real Estate

When your property suffers damage due to activities on another's property, you may have legal recourse through various claims, including:

  • C.R.S. 35-72-102: Under this state statute, every landowner has an affirmative duty to prevent soil erosion from their land. If a landowner fails to do so and this proximately causes damage to a neighboring property, the landowner may be liable for the resulting damage.

  • Trespass: Colorado law recognizes both intentional and unintentional trespass claims. Property owners can seek damages for physical intrusion onto their land, as well as interference with their exclusive possession and control. A Colorado trespass lawyer can help you prosecute a trespass claim on your behalf.

  • Nuisance: Property owners are entitled to quiet enjoyment of their property without unreasonable interference. Colorado courts have recognized nuisance claims based on activities that cause substantial and unreasonable interference with the use and enjoyment of neighboring properties. Remedies for nuisance may include injunctive relief, damages, or abatement of the nuisance. A Colorado nuisance lawyer can help you prosecute a nuisance claim on your behalf.

  • Inverse Condemnation: Government actions or public projects that result in the taking or damaging of private property without just compensation may give rise to inverse condemnation claims. This typically occurs when governmental activities substantially interfere with property rights, such as flooding or environmental contamination. Colorado's Constitution and statutes provide protections for property owners affected by inverse condemnation, with case law developments shaping the application of these principles.

Potential Parties Responsible for Property Damage Claims

Depending on the circumstances, potential defendants in property damage cases may include:

  • Property Owners: Individuals or entities responsible for the activities or conditions causing property damage. Property owners have a duty to exercise reasonable care to prevent harm to neighboring properties and may be held liable for damages resulting from negligence or intentional misconduct.

  • Construction Companies: Contractors, builders, or developers involved in construction projects that result in property damage may be liable for negligence, breach of contract, or violations of building codes or regulations. Colorado's construction defect laws, including the Construction Defect Action Reform Act (CDARA), outline the rights and responsibilities of parties involved in construction projects and provide mechanisms for resolving disputes.

  • Government Entities: Municipalities, agencies, or public utilities responsible for public projects or activities that cause property damage may be subject to liability. Claims against governmental entities for property damage may involve complex legal and procedural requirements, requiring experienced legal representation from a Colorado real estate lawyer.

  • Utility Companies: Entities responsible for utility infrastructure or services that may contribute to property damage, such as water, sewer, or electrical systems, may be held liable for negligence, nuisance, or other legal theories. Cases involving utility-related property damage often require technical expertise and knowledge of industry standards and regulations.

Potential Damages Recoverable for Property Damage Claims

Property damage can result in significant financial losses. Damage a Colorado real estate lawyer may help you recover include:

  • Cost of Repair or Restoration: Expenses associated with repairing or restoring damaged property, including structural repairs, remediation, and cleanup costs. Colorado courts have recognized the right of property owners to recover the reasonable cost of repairing property damage caused by the actions of others.

  • Diminished Property Value: Reduction in property value due to visible damage, structural defects, or environmental contamination. Property owners may seek compensation for the decrease in market value resulting from property damage, supported by expert appraisal testimony and market analysis.

  • Loss of Use or Enjoyment: Compensation for the temporary or permanent loss of use, enjoyment, or habitability of the property due to damage or interference. Property owners may be entitled to damages for inconvenience, discomfort, or disruption of their daily lives caused by property damage.

When to Contact a Property Damage Lawyer

It's crucial to seek legal advice from a property damage lawyer or real estate lawyer as soon as you suspect property damage or interference with your property rights. Early intervention can help preserve evidence, assess liability, and protect your legal interests. Contact an experienced real estate lawyer if you experience:

  • Cracks in Your Home's Foundation or Walls: Signs of structural damage that may indicate underlying issues with neighboring construction activities or soil movement. Colorado's construction defect laws and case law developments provide guidance on proving causation and liability for structural damage.

  • Water Intrusion or Flooding: Evidence of water damage, mold growth, or flooding that may result from drainage problems or water diversion on neighboring properties. Property owners may need assistance in identifying the source of water intrusion and determining liability for resulting damages.

  • Soil Erosion or Land Movement: Noticeable changes in soil stability, slope erosion, or landslides that may pose risks to your property and safety. Property owners may face challenges in proving causation and foreseeability in cases involving natural phenomena or geological conditions.

  • Unexplained Damage to Trees or Landscaping: Physical damage or decline in the health of trees, vegetation, or landscaping features caused by neighboring activities or encroachments. Property owners may seek remedies for tree damage or removal costs under Colorado's tree law and nuisance statutes.

  • Noticeable Changes in Neighboring Property Activities: Any significant changes in nearby construction, industrial, or land use activities that may impact your property or raise concerns about potential damage or nuisance. Property owners should be vigilant in monitoring neighboring activities and consulting with legal counsel if issues arise.

Why Choose Hollington Law Firm as Real Estate Lawyer

At Hollington Law Firm, we understand the complexities and challenges of property damage cases. Here's why you should choose us to represent your interests:

  • Expertise: We specialize in Colorado construction defect and property damage law, ensuring you receive knowledgeable and tailored legal representation. We stay abreast of developments in statutory law and case law to provide effective advocacy for our clients.

  • Experience: We have a proven track record of success in handling property damage cases, achieving favorable outcomes for our clients in negotiations and litigation. Our attorneys have extensive experience litigating complex property damage claims in Colorado courts.

  • Personalized Approach: We prioritize client communication and involvement, keeping you informed at every stage of your case and advocating for your best interests. We understand the unique circumstances of each client's situation and tailor our legal strategies accordingly.

  • Resources: We have the resources and network to conduct thorough investigations, engage expert witnesses, and pursue your case effectively, maximizing your chances of recovery. Our firm has access to technical experts, industry professionals, and cutting-edge technology to support our clients' claims.

  • Results-Oriented: Our goal is to secure maximum compensation for your property damage, whether through negotiation with responsible parties or aggressive litigation in court. We are committed to achieving justice for our clients and holding accountable those responsible for property damage.

Don't let property damage threaten your rights and financial security. Contact Hollington Law Firm today for a consultation and take the first step towards protecting your property interests. We are here to advocate for you and fight for the compensation you deserve.