what type of lawyer handles stormwater issues

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.

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How can a real estate lawyer help with water damage?

Georgia Lawyers for Stormwater Drainage Problems. As a property owner, you want to do everything you can to protect your investment. If one of your neighbors is doing anything to damage your property, an experienced real estate lawyer can help you take a stand and protect your property rights. At the law offices of Trotter Jones, LLP, our Augusta stormwater damage …

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

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 does a criminal lawyer do?

Jun 21, 2017 · The Attorney's Guide to Stormwater Runoff June 21, 2017 10:00 - 11:30 a.m. CST. Teleconference. ... This program is geared towards attorneys who handle stormwater related issues. Others that may benefit include government officials, engineers, regulators, energy companies, water management specialists and paralegals. ...

What legal services do estate planning lawyers offer?

Feb 06, 2022 · There is a known issue in the community with poor drainage. Our home is a pier and beam. With the rain we have received in the last two years the poor drainage has caused water to get under the house. Which has caused our hardwood floors to warp and buckle. We know the hardwood and subfloor are going to need to be replaced.

Who is responsible for stormwater runoff Qld?

Who is responsible for Stormwater on private property? Generally, it is the responsibility of the private land holder to manage stormwater, as it enters and leaves their land. They must adhere to common law which is about not creating a nuisance to their neighbours, both upstream and especially downstream.

What are some solutions for managing stormwater?

What can you do to reduce the runoff from your property?Disconnect/Redirect Downspouts.Use a rain barrel to capture rain from your roof.Plant a rain garden.Plant trees.Reduce impervious surfaces; install permeable pavement.Plant a green roof.Feb 10, 2022

Why is stormwater management Bad?

Stormwater runoff can cause a number of environmental problems: Fast-moving stormwater runoff can erode stream banks, damaging hundreds of miles of aquatic habitat. Stormwater runoff can push excess nutrients from fertilizers, pet waste and other sources into rivers and streams.

Can a neighbor drain water onto your property Texas?

One is called the "common enemy rule." Under this rule, drainage water is regarded as an enemy common to all landowners. The law allows every owner to take any measure to protect property, regardless of the consequences to other neighbors. Natural Flow or Civil Law Rule.

How do you slow down stormwater runoff?

Slow the flow: Why should we care about stormwater runoff?Direct your downspouts and gutters to drain onto the lawn, plant beds, or containment areas, so that rain soaks into the soil instead of running off the yard.Use mulch, bricks, flagstone, gravel, or other porous surfaces for walkways, patios, and drives.More items...•Mar 11, 2017

What is GREY infrastructure?

Grey infrastructure for stormwater management refers to a network of water retention and purification infrastructure (such as pipes, ditches, swales, culverts, and retention ponds) meant to slow the flow of stormwater during rain events to prevent flooding and reduce the amount of pollutants entering waterways.

What are the problems created when the collection and disposal of stormwater is ignored?

If not properly managed, the volume of stormwater can flood and damage homes and businesses, flood septic system drainfields, erode stream channels, and damage or destroy fish and wildlife habitat.

What is stormwater runoff and what are problems associated with it?

And now when it rains, the water (often called runoff or stormwater) runs off roofs and driveways into the street. Runoff picks up fertilizer, oil, pesticides, dirt, bacteria and other pollutants as it makes its way through storm drains and ditches - untreated - to our streams, rivers, lakes and the ocean.Feb 10, 2022

What issues are associated with storm water runoff?

Runoff from roads and carparks, deterioration of building surfaces (e.g. roofs), swimming pool water, air conditioning coolants, Have toxic effects on aquatic plants and animals. Can build up in aquatic species, such as mussels, and have a dangerous impact on the food chain. pesticides, batteries and electroplating.

Can I sue my Neighbour 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.

Who is responsible for rainwater 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.

Who is responsible for drainage problems?

Assuming a detached property in London has no shared drains, then the homeowner is responsible for the drains up to the property boundary, and Thames Water is responsible for all blockages or repairs off your property.May 2, 2020

Georgia Lawyers for Stormwater Drainage Problems

As a property owner, you want to do everything you can to protect your investment. If one of your neighbors is doing anything to damage your property, an experienced real estate lawyer can help you take a stand and protect your property rights.

Protecting Your Rights After Stormwater Damage

Not all landowners manage their property carefully. If your neighbor’s storm water is running onto your land, you could be sustaining serious damages.

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 happens when a natural disaster destroys a person's property?

When a natural disaster, or an “act of god,” destroys a person’s property, no other landowner can be held liable for the damage that results. A natural disaster may include: Hurricanes. A water damage lawsuit against a neighbor would not be helpful for damage caused by these natural disasters.

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 loss of use in a hotel?

Loss of use, i.e., the cost of staying in a hotel until the person’s property is repaired; Medical expenses; this would include treatment for physical injuries and emotional distress; Punitive damages if the neighbor acted with more than just negligence and knew the damage their act would cause.

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 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 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 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 lawyers specialize in a particular area of law?

The legal field is vast and complex, and you’ll find that many lawyers specialize in a particular area of law. If you find yourself in need of a lawyer, make sure they have the expertise to handle your unique situation. Because there are so many different types of lawyers, you'll want to match your legal concern with the appropriate attorney.

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.

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.

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.

Regulatory Controls

Although used interchangeably in casual conversation, there are important differences between the regulation of surface water flow and stormwater.

Liability Issues

North Carolina allows landowners to change the surface water flow on their property. A variety of liability issues can arise when adjoining properties experience flooding as a result of landowners performing grading, changing vegetation, or altering drainage channels.

What was the Kossoff rule in New York?

The State had claimed that it had made a reasonable use of its property in constructing a parkway, and in particular an elevated section of highway that resulted in water .

When did Shoecraft rule that a property owner of lands may fill in a land?

Shoecraft, 198 AD 278 (4thDept. 1921)7the Court found that a property owner of lands may lawfully, when acting in good faith and for the purpose of cultivating his lands, fill them in even though by so doing he prevents the passage of surface water thereon to the injury of an upland owner.

Is a highway a reasonable use of land?

The construction of a highway is ordinarily deemed a reasonable use of land , and no liability will attach for drainage caused, for instance, by the construction of a grade that causes surface water to back up across the lands of an adjacent owner where the surface water previously drained away.

Is blacktop actionable?

In other words, reasonable blacktopping, paving, grading, improvements, or construction done in good faith that disturbs the natural flow of surface water drainage to the damage of a lower owner is not actionable unless the drainage is artificially caused to collect in a mass, as in a pipe, ditch or drain.

Is reasonable use a common law rule?

This “reasonable use” rule would seem to be closer in form to the common law rule than the civil rule, and might be essentially viewed as a limitation of the common law rule as opposed to an exception to it. The law of New York now seems to be basically the old common law rule, modified by the rule of reasonable use.

What happens when a person dies with a will?

If an individual dies with a will, a probate lawyer may be hired to advise parties, such as the executor of the estate or a beneficiary, on various legal matters. For instance, an attorney may review the will to ensure the will wasn't signed or written under duress (or against the best interests of the individual).

What is probate lawyer?

Generally speaking, probate lawyers, also called estate or trust lawyers, help executors of the estate (or “administrators," if there is no will) manage the probate process. They also may help with estate planning, such as the drafting of wills or living trusts, give advice on powers of attorney, or even serve as an executor or administrator.

What does a probate attorney do?

A probate attorney usually handles the process of estate administration after a person dies. An estate planning attorney, on the other hand, works with living clients on how their client's estates should be administered. The attorney could do that by helping clients prepare trusts, wills, and other relevant documents.

How is an estate distributed?

When this happens, your estate is distributed according to the intestacy laws of the state where the property resides, regardless of your wishes. For instance, if you are married, your surviving spouse receives all of your intestate property under many states' intestate laws.

What to do if someone dies without a will?

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help.

Can you take your will with you when you die?

As the old saying goes, you can't take it with you when you die. But a probate lawyer can help surviving family members settle your debts and distribute your assets after you're gone, with or without a will. So what is a probate lawyer?

Can dementia affect a will?

There are numerous reasons that wills may be challenged, although most wills go through proba te without a problem.