Am I liable for the cost of my neighbors a broken drain line in

[Tony Eschete]

Greetings BP,

I need some advice on resolving a plumbing leak payment dispute

I recently had a fence installed in a house I purchased near downtown San Antonio. The fence builder said that he hit a pipe while digging the post holes, never mentioning damaging the pipe. Several weeks later the neighboring house developed a waste water leak coming from one of fence post. After digging it out the plumber determined that the pipe was busted and had cement leak from setting the fence post into it causing the back up. The fence guy Phillip was called and suggested a plumber he knows to have it repaired. After repairing the broken line, I get a voicemail asking for payment for the repairs.

What is the standard form of resolving an issue like this? Am I responsible for the full cost of repairs for this repair? I don’t mind sharing the cost, but I feel like the expectation of full payment from me is asking too much.

Please let me know your thoughts. Again I am in San Antonio, Texas

[Account Closed]

Why wouldn't the fence builder pay for it? Was he insured? If you don't get money from them, then you would have to pony up. In my opinion.

[Manuel Gonzalez]

I personally would pay for it in full if fence guy is not insured. It's a freak accident but it was caused because of an action you  took. Also why is his drainage pipe crossing into your property.

[Ryan Murdock]

Great reason to make sure your subs are always insured. Ask them for proof.

Fence builder should be on the hook for the repair. If not, you, as the guy who hired him and owner of the property, would be next in line. 

[Russell Brazil]

Your neighbor has a claim against you. You have a claim against the fence builder. If the fence builder is not insured, then it is on you for picking a contractor without insurance.  Also refer to the terms of your contract as some contracts for fencing, landscaping etc. will release the contractor from liability for such things as this. 

[Wayne Brooks]

It absolutely is your full responsibility as the damage was done by someone hired by you....how could you think otherwise?  If your neighbor was putting in a new septic system, and his contractor broke up your driveway with his excavator, would you feel like you should pay for half the repair?

[Joel Owens]

Contractors are usually supposed to research where lines are before digging anything at all. To do otherwise is irresponsible and not professional.

Hopefully you did not use someone uninsured at a cheap price.

No legal advice given.

[Michaela G.]

As was brought up - why was your neighbor's drain line on your property? Is there an easement? Do you have a survey for your property and are sure that you're within your property line?

I do think the fence guy would be responsible for something he damaged, but I also wonder, if this is something that anyone could have foreseen? I mean, if you're within your boundaries and there is no easement and no other way of seeing that the pipe was there, is it really your fault? 

I'm not sure what the legality is of a pipe running through someone else's yard.

[Chad Clanton]

@Tony Eschete, I'm essentially in agreement with everyone here. I'd be inclined to say that liability starts with the fence builder, then passes to you. Technically, a new fence would have required a permit, and the contractor would require registration and therefore insurance, and the permit requires identification of any easements, a site plan, etc. I shot you a PM, let me know if I can help with anything. Take care and good luck!