# QUESTION OF PROPERTY (LAND) LAW



## Madman (Jan 5, 2008)

I would ask what type of lawyer, or other person that may be involved in property disputes, that would best be suited to answer this question. Or many of you may have some insight to the answer of, What rights does a property owner have when the neighbor's runoff threatens your property and home. In a nutshell; Runoff from the farm above our property has caused flooding during unusually heavy rain storms. The neighbor is in the process of having a swale dug as an attempt to alleviate the runoff onto our property. However, the scale of the work I proposed is being cut back severely by the contractor doing the work. The swale is on an unused portion of his property. Some of you may remember me posting photos of the damage caused by this runoff last August. I would rather not bring a lawsuit against my neighbor, but I may be forced to do so, if more flooding continues.http://www.mylargescale.com/Communi...fault.aspx


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## Greg Elmassian (Jan 3, 2008)

There are specialty lawyers, ask a real estate broker who they use when they have a dispute. 

If you bought the house with the pre-existing situation where excess water can come into your land during severe storms, I would say there's nothing you can do. 

If the problem has become worse, then you might have something there, but sounds like the opposite, that this land has always drained that way, and someone added a house and did not protect themselves. 

Sorry to put it that way, but my family had 40 acres in San Diego, right next to a 40 acre parcel that used to have a dairy. As pieces were sold off, drainage problems occurred because while the properties "worked" at 40 acres each, each piece sold off did not "participate" in an overall drainage plan. So when pieces were carved off, no one wanted to sacrifice part of the land for drainage, etc. 

If your neighbor is doing something, that's great, you may have to do something yourself at your property boundary too. 

Regards, Greg


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## blueregal (Jan 3, 2008)

Get yerself a "liar" oops I mean "lawyer" if you know or can find a good one or one you "trust" hah !! What you have here unless as Greg E. says about some previous paperwork or entitlement, is an endangerment problem to your property, and your dwelling!! If the neighbor is taking steps to solve the problem, then you have no course except to wait, as he is trying to correct the problem. When i was in law enforcement i always used to tell people on a dispute "you can solve your problem now by talking it out and coming to some kind of civil agreement while I am here to mediate, and keep things from getting out of hand or escalating, OR you can take each other to court and then neither of you will actually win because you then have to hire lawyers and they are the only ones who usually win and get PAID for doing so!! You guys might NOT like the outcome so it behooves you to try to work things out amongst yourselves!! They would then work things out. Regal


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## Randy Stone (Jan 2, 2008)

If your county requires permits for any major work being done to or on the property, and something has been done to the property that caused the flooding or caused it to get worse, you need to go to the county and complain. You need to have a list of exactly what was done to the property that caused the flooding and have good pictures of the flooding. Hopefully you will have pictures of the water coming off the neighbors property. Then, if the neighbor didn't get a permit to make the changes to the property the county is responsible for making him correct the problem. If he did get a permit, then you will need to fight the county for allowing the changes that caused the flooding. This might be easy or it might mean getting a lawyer and sueing the county and the land owner together. 

But like others have said, if you can work this out with your neighbor to your satisfaction, you'll be better off in the long run. If he's trying to fix the problem, give him a chance even if it isn't to your specifications.


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## Totalwrecker (Feb 26, 2009)

When my neighbor threatened to put a horse on the hillside above my home I checked the county codes to find my rights. Found 'em. 
My next thought would have been to call the Health Dept, because your run off comes from a farm, there may be other avenues to persue.... 

John


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## San Juan (Jan 3, 2008)

This is a pretty specialized field of law. The typical attorney probably will not be qualified enough to handle a specialized property issue like yours. This may even entail some forms of tort law like trespass to land, although I highly doubt your neighbor intended to have water flood your property, and if not intentional then maybe a private nuisance, although nuisance deals more with sounds, odors, etc... These are all legal terms that an attorney would be able to explain to you. 

Look for a land use/real estate attorney. Ideally one who specializes in easements, land usage, and general property law.


Another thing that sticks out to me is "unusually heavy" rains. Because this is an out of the ordinary condition, there may be very little in the way of legal options you have available.


But the best thing to do first is to talk with the neighbor and explain your concerns about the "swale". If they don't seem to care either way, then you might want to get an attorney.


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## Spule 4 (Jan 2, 2008)

Ag run-off, call the EPA or state equivilent.


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## xo18thfa (Jan 2, 2008)

I would echo, check with the county. I know here in Clark County, Nevada you have to have a drainage permit, along with building and mechanical permits. Downside with lawyers is that they can take forever. My next door neighbor is trying to resolve a construction dispute, it's been 3 years.


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## Richard Smith (Jan 2, 2008)

Also check with your insurance company to see if you are covered for any part of the damage you might suffer. They may be able to direct you to the proper attorney. You might want to wait to see if the swale works though before you bring action.


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## Tom Leaton (Apr 26, 2008)

You are asking a sensible question. You want a real estate lawyer. And, thanks to the actions of the Powers That Be, you will find that these days, many real estate lawyers are not too busy to consult with you. 

These are definitely legal issues, although as Greg correctly suggests, not always the subject of a lawsuit. If a neighboring landowner is in the process of creating an unnatural land form that causes a harmful change in the existing drainage patterns, then any resulting damage may give rise to a serious conflict, and perhaps the aggreived part will need an attorney, if for no other reason than that the opposition may have one. 


Thomas U Leaton Esq.


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## aceinspp (Jan 2, 2008)

If this was a pre existing condition then you may not have a choice. In our area if someone does work to there property which results in directing water flows to your property, That is against state regulations and they can be penalized and also they must correct. Check local and state laws. Later RJD


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