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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87567
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I built my home 12 years ago with a french drain and sump pump

Resolved Question:

I built my home 12 years ago with a french drain and sump pump pit. The sump pump ran maybe a couple of times in all of those years. 3 years ago my neighbor (a trucking business) put in a dry detention basin. Not long after this there was a storm. I had water coming through the floor in my basement. The water was coming in the sump pump pit so quickly that I had to install 2 more pumps. Meanwhile there were 3 floor pumps working on the water coming through the floor. The floor pumps ran continuously for a month the sump pump continued to pump for another month and a half. At first I was not sure the basin caused this but the flooding keeps occurring. I think the basin is not working properly and flooding me out. The stress my family and myself have been under for the last 3 years, not to mention the damage to my home, has been devastating. Is there anything I can do to correct this and if so how?
Submitted: 2 years ago.
Category: Legal
Expert:  Ely replied 2 years ago.
Hello and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other customers or taking a break.

I am sorry for your situation. If it is indeed his basin is not working, and he put it in after you already had moved in, then you have a cause of action against him for nuisance and negligence.

The essence of a private nuisance is an unreasonable interference with the use and enjoyment of land. Sans v. Ramsey Golf & Country Club, Inc., 149 A. 2d 599 - NJ: Supreme Court 1959.

Negligence cause of action has four elements: (1) duty of care, (2) breach of duty, (3) proximate cause, and (4) actual damages. Weinberg v. Dinger, 524 A. 2d 366 - NJ: Supreme Court 1987.

A demand letter that he shore up the basin to properly work would be likely effective, from an attorney, without having the need to litigate; but you always have this option if the letter does not work.

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you seek clarification or more information, I encourage you to use the REPLY button and I’d be more than happy to answer to your satisfaction – really – don’t be shy! There is no fee for follow up questions before or after accepting, should you wish to continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87567
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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