what kind of lawyer handles flooded property

by Arnoldo Abernathy 6 min read

Whether you have suffered water damage due to the actions of a neighbor or are accused of causing water damage, a real estate lawyer can help you. Sorting out causes can become complicated and probably require the services of an experienced lawyer.

Whether you have suffered water damage or are accused of causing water damage to another person's property, a real estate and property attorney can help you. Sorting out causes can become complicated and might require the services of an experienced lawyer.Apr 29, 2021

Full Answer

How can a real estate lawyer help with water damage?

Sep 18, 2021 · I agree with Attorney Whitehurst that consulting with a real estate litigator in your area would be your next best step. Generally for something of this complexity, you would ideally want a lawyer with at least five years of experience litigating real estate cases specifically, and perhaps even closer to ten, depending on the number of issues and potential parties involved.

How can a local real estate attorney help you?

Apr 29, 2021 · Whether you have suffered water damage or are accused of causing water damage to another person’s property, a real estate and property attorney can help you. Sorting out causes can become complicated and might require the services of an experienced lawyer.

What kind of lawyer do I need to solve my legal problem?

• Distinguished: An excellent rating for a lawyer with some experience. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. • Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards.

What does a lawyer specialize in real estate?

Dec 15, 2021 · Whether you have suffered water damage due to the actions of a neighbor or are accused of causing water damage, a real estate lawyer can help you. Sorting out causes can become complicated and probably require the services of an experienced lawyer.

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What is water damage?

Water Damage to Property. Heavy rain, flooding and other events can do serious damage to a person’s home; the cost to repair the damage can run to the thousands of dollars. The law may offer protection against some types of water damage depending on the source of the damage and whether a homeowner has homeowners’ insurance. ...

What happens if a neighbor is careless?

If a neighbor’s careless act results in the artificial diversion of water to a person’s property, the person may recover damages from the neighbor for the resulting harm. In general, again, a neighbor will not be responsible for damage to a person’s property caused by runoff from naturally occurring land and drainage conditions.

What are natural disasters?

A natural disaster may include: Earthquakes; Floods; Thunderstorms; Tornadoes; Hurricanes.

Does homeowner's insurance cover water leaks?

from a water heater, or slightly cracked pipe or leaking hose connected to an appliance, is not covered by homeowner’s insurance. So, even if a person’s homeowner’s policy covers water damage, it does not cover damage caused by slow, gradual leaking. Rather an insurance policy covers damage caused by ...

Can a neighbor be liable for water damage?

However, a neighbor can be liable if the neighbor’s negligence caused damage. If the neighbor’s negligence results in an event that directs water to a person’s property causing damage, the person can make a water damage claim for damages.

Can I sue my neighbor for water damage?

A water damage lawsuit against a neighbor would not be helpful for damage caused by these natural disasters. A property owner can get natural disaster insurance to cover damages caused by these “acts of god,” such as floods and earthquakes. Natural disaster insurance can cover: Mold damage; Walls and insulation;

Is water damage covered by insurance?

There are several types of water damage that may or may not be covered by a person’s insurance, such as: Sudden or accidental discharge from pipes or hoses in the home; Sewer backup and overflow or water backup; Overflow or leaking from a home appliance, e.g. malfunctioning washing machine or dishwasher;

Who can be involved in a property dispute?

Property disputes can involve just about anyone who has an interest in the real estate in question. For example, most property disputes involve the owner of the property in some way, but they can also involve: Neighbors; Landlords and Tenants; Homeowner Associations (HOAs);

What is a property dispute?

A property dispute is a legal dispute that involves real estate. While it may sound relatively simple, the term “property dispute” covers a wide range of possible disputes over a wide range of property. The property involved could be anything from a vacant lot to a home, deck, condominium, manufactured home, pond, driveway, ...

How to resolve a dispute with a neighbor?

Sometimes, a dispute can be resolved by just talking to your neighbor and maintaining a good relationship with them. Politeness and respect can go a long way in resolving minor disputes. If it gets to the point where you feel a demand letter is necessary, you can certainly discuss that option with an attorney.

What is eminent domain?

Often, property disputes that involve cities or municipalities can involve issues of eminent domain, where the government has the right to take and use property for public purposes.

How to resolve boundary disputes?

Often, boundary disputes can be resolved at least in part by having a proper survey conducted on the property (especially if you’re planning on putting in a fence). Other property disputes may become more complicated, especially when you start running into issues questioning ownership.

What are the responsibilities of a HOA?

Homeowner Association Responsibilities: Which may bring up questions of whether the HOA is responsible for maintenance and upkeep of some elements of the neighborhood. Utility Easements: Sometimes homeowners may not realize whether or where utility easements are located on their property.

What is cloud on title?

Generally speaking, a “cloud” on title refers to any irregularity or outstanding claim in the chain of title to the property. Usually this means that there is an unresolved claim, a lien, or some other encumbrance on the property that would prevent transfer of ownership from one party to another.

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.

Can neighbors be held responsible for water damage?

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, it can be difficult to determine ...

What is property damage?

By definition, property damage is “injury to real or personal property through another’s negligence, willful destruction, or by some act of nature.” The law categorizes property damage in three distinct ways: 1 Negligent property damage: When someone’s carelessness directly results in harm. For example, if a neighbor’s tree falls onto your roof and causes damage, it may be considered negligent because they didn’t take proper care of it. 2 Accidental property damage: When someone causes damage, yet it wasn’t intentional. If someone drops your phone in a puddle after borrowing it to make a call, they didn’t mean to break the device – but it still happened. 3 Malicious property damage: When someone means to harm your property out of rage, spite, or a desire to hurt you. This includes vandalism and/or attacks (like slashing your vehicle tires after an argument).

Does property damage insurance cover damage to a car?

Some insurance premiums cover property damage, but coverage may be highly dependent on the scenario. Let’s say you’re in a car accident caused by another car and driver. That driver’s insurance may pay for the damage to your vehicle, but only if they carry a high enough property damage liability limit to cover the damage to your car. If they only have a limit of $5,000 and the damage to your car is $8,000, you may have to sue the driver for the $3,000 difference in order to repair your car.

What does a real estate attorney do?

A real estate attorney prepares or reviews all of the documents that are signed at the closing of a real estate purchase. The attorney is then present at the closing to represent the buyer's (or the seller's) interests. Real estate law is a matter for state and local jurisdictions.

What is real estate law?

Real estate law encompasses the purchase and sale of real property, meaning land and any structures on it. It also covers legal issues related to anything attached to the property or structures, such as appliances and fixtures.

What is the biggest investment you have ever made?

Buying a home is probably the biggest investment you'll ever make. In addition to hiring a real estate agent to help negotiate the transaction, you might consider a real estate lawyer to guide you through the legal process. Real estate attorneys specialize in matters related to property, from transactions to handling disputes between parties.

How long does it take to become a real estate lawyer?

Qualifications. Like any lawyer, a real estate lawyer has earned a law degree, which typically takes three years of study for a full-time student. They have also passed the state bar exam administered by the state in which they practice. Training for real estate law may begin with elective courses and internships during law school, ...

Do you need a real estate attorney at closing?

Many states require a real estate attorney be present at closing. Even if your state does not require one, you might want a real estate attorney to be there for you. A real estate attorney will represent your interests at closing. They will review all paperwork in advance and advise on any problems or omissions with the documentation. 1.

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.

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 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 general practice law?

Unlike lawyers who specialize in a particular area of law, a general practice lawyer has a practice that handles a wide range of legal issues. Different general practice attorneys will have different areas of law with which they are most comfortable, so if you consult with a general practice lawyer, it’s always prudent to discuss his or her experience in handling the type of legal issue you’re facing.

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.

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 ...

Why is it important to respond quickly to an incident?

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

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.

Can sewage back up into basement?

Having sewage backing up into your basement and on your property is the type of disaster that no homeowner or business owner ever wants to face. Unfortunately, these types of things can and often do happen. When such a problem strikes, knowing what to do next can be overwhelming.

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Who Can Be Involved in A Property Dispute?

  • Property disputes can involve just about anyone who has an interest in the real estate in question. For example, most property disputes involve the owner of the property in some way, but they can also involve: 1. Neighbors; 2. Landlords and Tenants; 3. Homeowner Associations (HOAs); 4. Trespassers; 5. Family Members; 6. Builders and Developers; 7. ...
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What Are Some Common Types of Property Disputes?

  • As we said before, property disputes can range from the small to large, and can vary in their severity. Some common property disputes can include: 1. Boundary Disputes:Which can involve disagreements among neighbors regarding the location of a property line. 2. Landlord-Tenant Disputes:Which can sometimes involve a dispute over who is responsible for damage or repairs …
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What Is A “Cloud” on Title?

  • Generally speaking, a “cloud” on titlerefers to any irregularity or outstanding claim in the chain of title to the property. Usually this means that there is an unresolved claim, a lien, or some other encumbrance on the property that would prevent transfer of ownership from one party to another. Clouds on title are usually found during a title search on the property. For example, a legitimate …
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What Remedies Are Available For Property Disputes?

  • Remedies for property disputes often depend on the nature of the dispute and the state where the property is located. Potential remedies include injunctions, judicial sales, monetary damages, and quiet title actions. If you are seeking to stop your neighbor from doing something with their property (like burning trash or building a “spite fence”), you may seek an injunction from the cour…
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Do I Need An Attorney If I Have A Property Dispute?

  • It depends on the nature of the property dispute. Sometimes, a dispute can be resolved by just talking to your neighbor and maintaining a good relationship with them. Politeness and respect can go a long way in resolving minor disputes. If it gets to the point where you feel a demand letter is necessary, you can certainly discuss that option with an attorney. However, there are so…
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