Do I need to secure a release of liability for demolition?
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?
01/21/2011 |
Category: Real Property |
State: California |
#24049
Answer:
We cannot give legal advice, and are not forming an attorney-client relationship with you. The following is not a substitute for the advice of a local attorney. But we hope the information will be useful.
We believe the owner is correct. You should secure the signature of the owner of the adjacent property, on a release of liability. Your company would agree to pay for the construction of the new fence, and demolition of the old. In return, the other company would agree to allow reasonable access to their property in order to undertake the demolition and construction, and release your company from any liability associated with the project.
