Our residential home is next to a auto repair, gas station with junk cars and trash on our boundary. what can we do?

Asked over 1 year ago - Marlborough, MA

the epa has finally found lead gas leaked into our yard and we have complained over their junk cars, a deplorable trailer and junk on our entire length of our property line to our local town officials without any help. all they state is the station was built prior to code and grandfathered in, as we had a near miss when a 3 year parked truck rolled into our yard, collapsed our fence now a escape for our autistic son who wanders we need. His doctor complain over his safety risk due to this, which the town code office stated...keep him from trans passing or we can be charged if he is found in the unregistered junk cars

Attorney answers (3)

  1. Emma A. Kremer

    Contributor Level 15


    Lawyers agree

    Answered . You should consult an attorney to discuss the possibility of bringing a suit for trespass, for the gas leakage onto your property and vehicles on your property, negligence, for the truck falling on your fence and the damages caused by that to your property, and any other potential claims you may have against the gas station/garage. For your son's safety, repair the fence as this will be a cost that likely will be recovered in a successful suit. You may also want to contact your homeowners insurance company to see if that cost is covered or if the gas station/garage's insurance can replace the fence. You should really consult an attorney to determine what rights and remedies you may have against the gas station/garage and any other responsible parties. Best of luck.

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  2. Henry Lebensbaum

    Contributor Level 20


    Lawyers agree

    Answered . You maybe able to file an action for a nuisance. Certainly contact the town and complain

    henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- attorneylebensbaum@verizon.net (978) 749-3606.
    Criminal Law (all courts), Drunk Driving, Drugs, Violence, Sex Offenses, theft, SORB, Divorce Child Custody Alimony Child Support & Modification, Contempts & Paternity Juveniles Domestic Violence & Restraining Orders, Business Law, Personal Injury, Guardianship, Conservatorship & Estate Administration & Legal Malpractice. For these & other areas, contact me. Email sent may be copied intercepted or held by computers.

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  3. George Charles Samiotes

    Contributor Level 9


    Lawyer agrees

    Answered . I agree with Attorneys Kremer and Lebensbaum. You may be able to sue the auto repair for trespass to land, nuisance, and possibly negligence if it was reasonably forseeable that the truck could roll into your yard. I would consult an attorney ASAP.

    The foregoing answer does not establish an attorney client relationship, is not confidential, and should not be... more

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