what kind of lawyer can represent me with a drainage problem caused by a landfill

by Judge Leuschke 6 min read

If you have experienced place wrong such as sewage damage, you should contact an have local property lawyer. This is specially true if you are trying to hold your county responsible for the damage. Laws governing property price and rights, arsenic well as legal doctrines such as eminent domain, can vary wide from express to state.

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How can a real estate lawyer help with water damage?

Mar 02, 2022 · If you have experienced place wrong such as sewage damage, you should contact an have local property lawyer. This is specially true if you are trying to hold your county responsible for the damage. Laws governing property price and rights, arsenic well as legal doctrines such as eminent domain, can vary wide from express to state.

What can a landowner do to help a neighbor with drainage problems?

Apr 29, 2021 · They can help you prepare a claim and negotiate with your insurance company in order to get the best possible settlement. Or, if a lawsuit becomes necessary, of course, a lawyer can represent you in court. You are most likely to get the best possible outcome if you have an experienced real estate and property law attorney. Susan Nerlinger

What does a environmental lawyer do?

A lawyer can investigate the nature of the claims about the possible cause of the damage, the extent of the damage and potential remedies. He or she may also investigate whether there are any insurance policies in place that may help minimize the damages suffered by the property owner. Provided by HG.org Read more on this legal issue

Can a landscape contractor help unclog a drain?

The services of an expert could become necessary. An experienced real estate lawyer is going to have the skills needed to identify and work effectively with an expert witness. Or, if a dispute cannot be resolved amicably through negotiation and it becomes necessary to sue, of course, a lawyer can represent you in court.

What are potential damages?

Potential damages include the cost to repair or replace property that is damaged, the cost of temporary lodging while the repairs are being made, medical bills related to the water damage and punitive damages. These damages can often be significant. Equitable remedies may also be available.

What is the reasonable use rule?

Reasonable Use Rule. Some states use the reasonableness approach to determine whether or not to hold a neighbor responsible for damage caused by water. States that follow this rule generally require an individual to prove that the neighbor took some type of affirmative action that caused a neighbor to sustain water damage, ...

What happens when you live in close proximity to someone?

Living in close proximity to others can cause some problems to arise. In some situations, a neighbor’s actions or lack of actions may be responsible for damages caused on their neighbor’s properties. Damage caused by water incorporates a number of complex rules and complications.

What is the common enemy rule?

Another rule that may apply in these situations is the common enemy rule, which requires each landowner to protect his or her own land from surface water. If this step is observed in the state, the landowner can generally take steps that they want to help themselves, such as building drainage ditches.

What happens when water comes into your home?

Water that comes into a home can cause a significant amount of damage, resulting in ceilings and floors collapsing and possibly the development of mold which can be expensive and difficult to eradicate. Additionally, the structure of a home can be compromised due to flooding, an overflow of water or a buildup of water.

Can you divert water to another property?

Some states have laws that prohibit individuals and businesses from diverting or impounding the natural flow of surface waters that damages another’s property due to overflow caused by the diverted water.

Can neighbors be held responsible for water damage?

In water disputes, it is often necessary to first determine the source of the water. Generally, neighbors are not held legal ly responsible for damage to a property that is caused by the natural runoff that occurs when rain or other precipitation meets the earth.

What happens if you are able to prove that your neighbor is responsible for water damage?

If you are able to prove that you neighbor is responsible for the water damage, you may be able to recover damages for your losses. These can include: Costs associated with repairs for the damaged property. If your home became uninhabitable due to the damage, you might be able to recover hotel or lodging costs.

What are neighbors water disputes?

What are Neighbor Water Damage Disputes? Usually a neighbor cannot be held responsible for property damage caused by runoff from naturally occurring rain and land conditions. However, if the water damage is caused by a neighbor’s actions or non-actions, this can present some difficulties. Since the flow of water is somewhat unpredictable, ...

What to do if you have a dispute with your neighbor?

If you are involved in a dispute over water damage, you may wish to contact a real estate lawyer for advice or representation in court. Your attorney will be able to advise you according to the laws of your state, and can help you recover damages for you losses.

What is the opposite of the Common Enemy rule?

Many jurisdictions have loosened this rule and have required a showing that the other neighbor acted with negligence. "Civil Law" rule : This is the opposite of the Common Enemy rule- neighbors can be held liable if the alter their land in any way that disrupts the natural flow of the surface water across land.

What happens if your house becomes uninhabitable?

Medical bills or hospital bills if the damage also caused you physical injury. Punitive damages, if you can prove that your neighbor acted with malicious or criminal intent.

Do you need proof of foreseeable damage?

Some jurisdictions require extensive proof regarding whether the damage was foreseeable. Be sure to double check the laws of your state to determine which legal theory may be applicable in your case. Also, you may wish to consult with a lawyer if you are unsure of your claim.

Why is my drain pipe filled with gravel?

It typically sits on a thin bed of gravel and the trench is filled with gravel rather than soil as water will more easily flow down through to the drain pipe if the trench is filled with gravel rather than soil. Soil will also potentially clog the drain making it ineffective.

What is civil engineering?

Typically, a civil engineer is the person that designs drainage and landscape contouring. The excavators and landscape contractors follow the plan from the engineer. This is in a perfect world of course. But always in developments and large projects.

Is a civil engineer a residential engineer?

Civil engineers aren't a typical service provider for residential customers. One tactic you might try is to contact some local providers of more common services such as construction, concrete or plumbers. Ask them if they know of someone who does this kind of specialty work.

Can a landscape contractor alter the landscape of my yard?

As others have suggested, a good excavator or even a landscape contractor might be able to find relatively simple ways to alter the landscape of your yard so that water will naturally flow away from the home.

Can you rent a backhoe for a day?

If you are a masochist and thoroughly enjoy pain, then you can grab a shovel and dig the trench, but for those of us who are lazy and like excuses to play with complicated equipment, you can rent a backhoe for a day and turn a week long digging job into a 2 hour weekend job.

Can a downspout drain into an underground drain?

Downspouts can also sometimes flow into an underground drain, which can sometimes be the source of the problem. This drain typically will be a storm drain that flows away from the house or to a public storm drain. These can sometimes become clogged causing water to not flow properly away from the house.

What is it called when you own property that has not been divided?

They claim that no sale can occur without their permission. Please tell me that is not true.”. Answer: Owning property that has not been divided is known as owning in “indivision,” and defined in Civil Code Article 797. “Ownership of the same thing by two or more persons is ownership in indivision.”.

What is the civil code article 807?

Civil Code Article 807. Three ways the law provides a way out are partition in kind, partition by licitation, or private sale. (These are found in Civil Code Articles 810 and 811) “In kind” refers to the court actually dividing the land into separate lots that are equal in value or size.

What is Article 655?

655: “An estate situated below is bound to receive the surface waters that flow naturally from an estate situated above unless an act of man has created the flow. ”. 656: “The owner of the servient estate may not do anything to prevent the flow of the water.

Can natural drainage be tampered with?

However, since the law is clear that natural drainage cannot be tampered with, it is implied that unnatural, or man-made (such as when soil is brought in to build up the land, as in the viewer’s case), drainage does not have to be accepted by the neighboring landowner.

Do you have to wear a PFD on a boat?

Answer: The law has changed in the law few years – yes, if a boat is less than 16 feet long, if steered by a hand tiller or steering arm, all occupants must now wear a personal flotation device (PFD) while the boat is underway. (It used to be you only had to have one available for each person.)

Can a landowner challenge a low ground drain?

Water from the high ground drains onto low ground, the owner of the low ground cannot challenge, divert or disrupt the drainage.

Is a seat cushion considered a PFD?

No, the seat cushion type is no longer considered a PFD, and at least one is required on some boats (sometime called a “throw,” as they can be tossed to a person in the water) in addition to the traditional life jackets – you can find all the regulations on the LDWF website.

John Michael Tresnicky

It sounds as though you are located near a wastewater lift station (pump station) that serves your area. Typically these stations have sensors and alarms on them to notify the city (or their contract maintenance company) that there is an outage at the station and they need to respond immediately to get the station operating again.

Robert Neil Newton

Once you have exhausted your complaints with the appropriate authorities/companies, you should probably contact a local attorney. There could be multiple causes of action.

Edward James Kazaleh

It all depends on who provides the wastewater service and whose lines the mains are....#N#if there is no actual City, then your best bet is to start with filing a written complaint with the Zavalla County Engineer and also the Health Department.#N#You may have a valid legal claim for damages also, maybe even against the town or...

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

What is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

Do doctors make mistakes?

Doctors do occasionally make mistakes, and if you’re facing the consequences of a medical mistake such as a medical misdiagnosis or inaccurate treatment, a lawyer who specializes in medical malpractice issues can be particular helpful.

What do lawyers do?

Different types of lawyers specialize in different areas of law. Some lawyers mostly do the work outside of the courtroom, such as drafting contracts and wills, preparing documents to comply with a process, negotiating deals, and advising clients on a legal problem. There are also lawyers who present cases in court or litigations ...

What kind of lawyer handles reproductive rights?

But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law. For instance, if there’s a criminal investigation of child abuse or a domestic violence case, or if there’s a juvenile delinquency case, a family lawyer may also work with a criminal lawyer. 3. Estate Planning Lawyers.

What is a family lawyer?

Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.

Why do we need malpractice lawyers?

Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.

What is a real estate lawyer?

Real estate lawyers provide legal guidance for individuals or companies seeking to buy or sell a property. They work with their clients and the real estate agents to draft documents and ensure that the paperwork is legally binding. They may also negotiate for the buyer or seller, or represent a property owner during a foreclosure dispute.

What do IP lawyers need to know?

They need to have expert knowledge in both business and innovation trends. IP lawyers may also negotiate settlements on behalf of the creator or inventor if someone has infringed on their work, such as in cases where branded goods are faked and sold for a lower price in the market.

What is a criminal defense lawyer?

Last but not least, a criminal defense lawyer is skilled in handling all stages of a criminal lawsuit. They provide valuable counsel to their clients from the time they are arrested, through the investigation, charging, arraignment and sentencing. Their work isn't quite done if their clients wish to appeal their case. A good criminal defense attorney knows how to navigate the nuances of the law, which allows them to keep their clients out of prison.

What is the importance of a quick response to sewage backup?

A quick response is also crucial when it comes to determining who is liable for the incident and recovering your losses.

Who owns sewage systems?

In most areas, sewage systems are owned and operated by the local municipality. They may also, however, be contracted to an independent operator. If you sustain serious property damage as the result of a damaged or faulty sewer system, you may be entitled to relief and other financial compensation. Based on the principles ...

What is sewage backup?

Whether caused by poorly maintained sewer lines, stormwater runoff, or any other type of problem, sewage backup poses a serious threat to your health and safety. It also causes significant damage to homes and commercial properties. Because most insurance policies do not cover this type of damage without an endorsement, ...

How long does it take to file a lawsuit for sewage backup?

If you do not file a notice of claim within six months or one year of the harmful sewage backup or stormwater flooding incident, you will be legally barred from filing a subsequent lawsuit against the offending municipality, county or state government.

Can you file a claim against a municipality for sewage backup?

Based on the principles of eminent domain, you may be permitted to file a claim against the municipality when a sewage backup causes damage to your property through no fault of your own.

Does insurance cover sewer backup?

Many insurance policies have “water exclusions” that apply to sewage backup. In other words, even if you have good homeowner’s or commercial property insurance, it is likely that damages occurring as the result of a sewer backup are not covered.

Is sewage backup free on renters insurance?

It is an endorsement on your renters insurance policy, and in some cases , coverage may even be free. When you are dealing with something as potentially hazardous and devastating as a sewage backup, you need immediate solutions.