what type of lawyer do i need for a residential drainage dispute

by Mrs. Bella Kub 4 min read

Full Answer

How can a real estate lawyer help with water damage?

Whether you suffered water damage or are accused of causing water damage, a real estate and property attorney can help you. A lawyer will know the specific laws in your state and can help you recover for your losses or defend you from liability.

Do I need a lawyer for property disputes?

Property disputes may involve some very specific legal issues and matters, and real property laws vary from state to state. You may wish to hire a lawyer if you need help resolving any property dispute.

Who is 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: Municipalities. It can be important to keep in mind that cities and municipalities can be part of a property dispute.

Can a landscape contractor help unclog a drain?

Most landscape contractors can easily help unclog such drains if you suspect that this might be the case. This should give you some ideas of things to look into or try before contacting a civil engineer, as the fix might be more manageable and less complicated than you think.

Who is responsible for surface drainage?

Sewers and lateral drains connected to the public network used to be the responsibility of the property owner. However, most are now maintained by local water companies. If you have any problems with your sewer or lateral drain, for example if it's blocked, contact your local water company.

How do you redirect water runoff?

BUILD A BERM, a small hill covered with grass or other plants that will divert runoff around what you want to protect. ... ROUTE THE WATER INTO A DRY WELL. ... GRADE BROAD SURFACES to direct runoff away from houses, sheds, barns, and patios. ... INTERCEPT THE WATER by using a swale, a shallow ditch with gently sloping sides.More items...•

Can a neighbor drain water onto your property NSW?

Generally, the law requires all owners to address their own water needs and restricts any development from increasing the natural flow to their neighbour. To avoid damaging your own or a neighbour's property, you must make sure that your property's stormwater system is connected to a legal point of discharge.

Can a neighbor drain water onto your property BC?

British Columbia Case Law The courts have established precedents concerning the following: Right to drain land (allowing surface water to escape in a way provided by nature) Right to block drainage (surface water draining from higher land, as opposed to water in a natural stream)

Can I sue my neighbor for water damage?

Water Damage Caused by Carelessness If your neighbor acts unreasonably or carelessly with water on his own property in a way that causes water damage to your property, you can sue for compensation for your losses and also ask the court to order the neighbor to stop the action.

How do I stop my Neighbours water runoff?

How To Stop Water Runoff From Neighbor's Yard: 5 Simple WaysBuild a Berm. ... Route the Water into a Dry Well. ... Use a French Catch Basin. ... Residing at the Bottom of a Slope. ... Your Neighbor Makes a Change to Their Landscaping. ... Severe Weather Conditions. ... Drowns Your Plants and Grass. ... Turns Your Yard Into a Pest Paradise.More items...

Who is responsible for stormwater drainage NSW?

local councilsNew South Wales. In New South Wales, local councils have the responsibility to manage stormwater drains and systems from public land (for example, roads and parks), private land that pays council rates or other land like Department of Housing properties.

What is a drainage easement NSW?

A drainage easement is a right, held by Sydney Water or another land owner, to make use of the land for certain specific drainage purposes such as controlling stormwater runoff and can restrict the use of the burdened property and impose certain obligations on the land owner.

How do you handle surface water drainage?

1:004:05How to install a French drain with surface water - YouTubeYouTubeStart of suggested clipEnd of suggested clipSo any water's coming over the surface of the soil. And underneath the soil is going to hit thisMoreSo any water's coming over the surface of the soil. And underneath the soil is going to hit this bedrock. And just tumble down right around the corner of the house.

What are drainage rights?

There is a right of drainage that allows water that flows across your land to flow downhill naturally to your neighbour's land. But you are not allowed to artificially channel water in a way that will cause damage your neighbour's land. If you do, you may face a civil action.

Do I have to let a neighbor drain his roof water into my down pipe?

No - You are not allowed to channel roof water through a down pipe on to your neighbour's property.) Maintain your flood defences (if you have any). If failure to maintain these defences leads to flooding, you could face a claim in negligence or nuisance.

Can you block the natural flow of water?

Reasonableness is often based on prevailing standards of practice in the community or region. No property owner shall block, or permit to be blocked, any drainage channel, ditch, or pipe. No property owner shall divert drainage water without properly providing for its disposal.

What happens if a neighbor's careless act causes an artificial diversion of water to a person'

However, if a neighbor’s careless act causes an artificial diversion of water to a person’s property, the person may recover money damages from the neighbor for any harm caused .

What is the defense against slow leaks?

A person’s defense against slow, gradual leaks is proper maintenance and regular inspections of the key components in their home, for example: The water heater; Piping connected to the bathrooms, washing machines, dryers and dishwashers, The piping and hoses that service the automatic ice maker in a refrigerator;

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 is recovery in a neighbor's duty of care?

Recovery would depend on the person showing that the neighbor, who had a duty of care not to cause damage to the person’s property, breached that duty by negligently making alterations to their property, which caused damage to the person’s adjacent property.

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 can a property owner get for 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; The cost of a motel for temporary relocation.

What is the rule of law that imposes liability on landowners who change their land in a way that

Under this rule of law, landowners can take whatever steps they wish to prevent and protect their land from surface and runoff water; The Civil Law Rule: This rule imposes liability on any landowner who changes their land in a way that alters the natural flow of water across the land.

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 are the remedies 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.

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 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 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.

Can a city be part of a property dispute?

It can be important to keep in mind that cities and municipalities can be part of a property dispute. Cities have the ability to own property, and often have agencies that regulate property or issue building permits (such as a city or town planning department).

Can a builder pay monetary damages for a driveway?

For example, if a builder of a new construction home pours a concrete driveway over the property line so that the driveway is six inches onto the neighbor’s property, and you incur expenses to have the driveway dug up and corrected, the builder may be directed by the court to pay monetary damages.

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 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.

How to resolve a dispute with neighbors?

Disputes with neighbors are best resolved quickly to minimize conflict. Knowing your rights can help make your negotiations simple, practical, and predictable. Contact a skilled real estate attorney near you to learn about local land and water laws to ensure your dispute is resolved efficiently.

What happens when water damage is caused by neighbors?

When water damage may have been caused by a neighbor, serious disputes can arise.

How to win a lawsuit against a neighbor?

In order to succeed in a lawsuit against a neighbor, you will need proof showing that your neighbor did something to his land or property, that the alteration was unreasonable, and that the alteration changed the natural flow of water onto your property. Some general factors typically help courts in their judgment.

What happens if your neighbor's property is damaged by water?

If your property has been damaged because of the carelessness or negligence of your neighbor, you may be able to collect compensation for your damage and losses. You may also get a court order that directs your neighbor to stop doing whatever it is that has caused water damage to your property.

What insurance should I get if my house is damaged by water?

There are two types of insurance that may cover you if your home or property has been damaged by water -- homeowner's insurance and flood insurance. If your property was damaged by water that had its source within your home then your homeowner's insurance should be able to cover it.

What causes water damage?

Careless water damage is often the result of simple accidents and forgetfulness. Sources of these types of damages include leaking or broken water hoses, leaky sprinkler heads, broken, frozen or burst water pipes, and even clogged rain gutters.

What is the rule for protecting land from water?

Under this rule, followed by many states, each landowner is expected to protect his or her own land from surface and runoff water. Landowners can take whatever steps they wish, such as building dikes or drainage ditches. If surface water runs from your neighbor's land onto your land, causing more damage than natural, ...

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 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.

How to settle a property dispute?

There’s no single way to settle a property dispute. Sometimes, the parties in a dispute can negotiate to come to an agreement without a battle in court. In other cases, you may need to fire a complaint. If you wish to avoid litigation, consider mediation.

What to do if you think you are in a property dispute?

If you think you may be in a property dispute, you should be prepared for a lot of research, paperwork, and some time with a lawyer. Fortunately, you can often avoid a costly battle in court. Read on to learn what to do about your situation and what you can expect to happen in the coming weeks and months.

Why do neighbors dispute property boundaries?

Boundary disputes can arise between neighbors when they disagree on where the property line lies. These disputes are more likely to occur if the property boundaries were never clearly registered or a practical property line supersedes the legal line.

How to avoid legal issues when buying a house?

We recommend that every future property buyer take the following steps to avoid future legal issues: Conduct a title search before a purchase. You should always make sure a property is legally clear before you buy it. That generally means asking a title investigator or advocate to conduct a title search for you.

How to argue a case?

Gather Information For Your Case. To effectively argue your case, you will need to gather the facts about the property in question. That means finding any relevant documents and potentially taking photographs of property damage. To find the right documents, you may need to complete a full title search on your property.

Do real estate owners like disputes?

No one likes property disputes. Most real estate owners and tenants just want to be left in peace to continue what they were doing, whether that was living on a property or constructing a new building. Unfortunately, disagreements often arise about who owns a piece of land, whether a landlord or tenant was holding to their end of the lease, or who should pay for damage.

Can a real estate dispute go to trial?

Most disputes can settle without a trial, but not all, so you would be wise to proceed with settlement in mind while also preparing for litigation.

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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