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Can she stop me from putting up a pool?
Anonymous5 views3 answers
My husband and I own 50% of a two family home in NJ and live at the property. A relative owns the other 50% and also lives at the property. We want to put up a blow up pool that's 10' x 6 x 22" which; ins. co. says is considered personal property and the relative is insisting that she can stop us. She is the main insured and we are the additional insured and we pay half of the policy. We also have renters ins for our personal property which we pay for ourselves. Ins. co wants the pool fenced in and we are willing to do that however the other owner says "she will not give permission for the fence or the pool. An attorney friend says that because we are 50% owners in the property, she cannot stop us from putting up the pool or the fence. Please advise.
If it is her that is the insured, she could effectively shut you down. Without the proper insurance, A pool can be a tremendous liability.
Do you have a written agreement that outlines your respective rights and obligations relative to this joint venture?
It is hard to say for certain what the answer will be. If you own 1/2 the property, you should all be equal on the insurance policy, and if not, then you need to get that policy changed, right away. If you own 1/2 the property, you are not renters, so I do not know why you have renters insurance. The other attorney is correct about a pool being a huge liability. You need to have proper insurance to cover any pool related liabilities. If a Court has to settle your dispute, it will cost you more than the pool is worth.
