Full question:
I am the manager of an apartment building. The owner has asked me to secure a release of liability from the owner of the neighboring apartment building who has refused to participate in the the demolition of the fence and plant matter that has grown between the vertical slats and horizontal stringers of the fence so the fence has become so distorted that no posts or slats are 90 degrees any more. The owner of my building is going to proceed with demolition and construction of a new fence, but it means destroying the hedge of vines and plants from the neighbor's property. The owner of my building wants to protect himself from any liability. What should we do?
- Category: Real Property
- Date:
- State: California
Answer:
While we cannot provide legal advice or establish an attorney-client relationship, we can offer some guidance. The owner is correct in wanting to secure a release of liability from the neighboring property owner. Your company should obtain their signature on a release agreement. In this agreement, your company would agree to cover the costs of demolishing the old fence and constructing a new one. In return, the neighboring property owner would grant reasonable access to their property for the demolition and construction work, and release your company from any liability related to the project.
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