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Adjacent owner or third-party negligence

Domain guide, Property subrogation, theory 3.6

The theory

A neighbouring owner's or occupant's negligence caused the loss: a dead tree that fell, blocked drainage, a fire that spread, water intrusion from an adjoining unit.

Who must be on the roster

  • adjacent_property_owner or neighbor (carrier roles adjacent_owner and adjacent_occupant).

Facts that establish it

  • cause_attribution_to_party (required): "it came from next door" is not attribution; the cause must be tied to the neighbour's condition or conduct.
  • At least one of source_property_condition_described (the dead tree, the blocked drain) and prior_notice_described (the neighbour had been told).

What defeats it

  • An act of God where the event, not the condition, caused the loss: a healthy tree in a hurricane is not negligence, a dead tree in a breeze is. With the cause attributed to the neighbour a stated natural event is a material condition, not a bar.
  • A waiver in a condominium declaration or party-wall agreement (an adjuster check; the engine's waiver scope covers contractors, tenants and landlords).
  • The property-damage limitation period.

Recovery channel

  • Demand letter to the neighbour's carrier.

What the carrier does

  • Photograph the source condition before it is remediated.
  • Obtain any prior complaints or notices.
  • Identify the neighbour's carrier.
  • Preserve arborist or engineering evidence.

A claim that fits

Frontier Commerce Partners owns the lot uphill from the insured's warehouse. Its retaining wall drainage had been blocked with debris for months, visible in the insured's dated photographs, and after a routine rain the wall discharged water directly into the insured's loading dock. The insured's manager had emailed Frontier about the drain twice.

How the engine reads itAdjacent owner on the roster; cause attributed to Frontier, which is required; source condition and prior notice both stated; act of God not stated. Neighbouring-property negligence confirmed, refer, demand letter to the neighbour's carrier.

Records behind it

Theory record PROP-SUBRO-THEORY-006 Defenses PROP-SUBRO-DEF-002

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