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

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

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Attorney answers 3

Posted

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.

Please be sure to mark if you find the answer "helpful" or a "best" answer. (It lets us know how we are doing.) Attorney Kremer is licensed to practice in Massachusetts. Please visit her Avvo profile for contact information. In accordance with Avvo guidelines, the following disclaimer applies to all responses given in this forum: The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer.

Emma A. Kremer

Emma A. Kremer

Posted

As far as the town coming after you if your son goes on to the gas station's property, there is what is called the attractive nuisance doctrine which means that a property owner must do what he or she can to protect children from trespassing because of something a child is likely to want to get to. It depends on the age of your son to some extent but he probably will not be found to have trespassed. The classic example is a property owner who has a pool, fails to keep a locked fence around it, a child gets injured and the property owner tries to use trespassing as a defense to liability. The attractive nuisance doctrine prevents such defenses in certain circumstances. You may even have some causes of action against the town.

Posted

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.
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Posted

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 relied upon in place of an actual consultation with an attorney. Attorney Samiotes is licensed to practice in Massachusetts, the Federal District Court of Massachusetts, and the Court of International Trade. Most initial consultations are free. Further information is available on my profile and at http://www.bjgalaw.com/.