How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Roger Your Own Question

Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 25993
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Type Your Real Estate Law Question Here...
Roger is online now
A new question is answered every 9 seconds

I live in a subdivision. I have 2 storm drainage on my lot.

Resolved Question:

I live in a subdivision. I have 2 storm drainage on my lot. Upon purchasing the property, builder suggested that as long as the drainage system were not inside o my fence. HOA will be responsible for the maintenance. A new builder is building right next to my property. 1 storm drainage is blocked by debri and soil. The new house is much elevated than mine, making my yard to erode profusely when it rains. I can't grow grad or do any landscaping. I don't know where to start. I need help. HOA said it is not of there concern although in the by-laws/covenants, storm drainage systems are parts of there Area of responsibility.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX X'X a Real Estate litigation attorney. Thanks for your question, but I'm certainly sorry for your trouble.

One question - is the blockage of the storm drain due to the construction next door?
Customer: replied 1 year ago.
Yes...when I looked at it... It was all covered with dirt. I wish I could send you a picture. The house is really elevated and there is nothing stoping a rush of mud coming into my property. Prior to the construction, I had no problem.
Expert:  Roger replied 1 year ago.

Wow. I'm certainly sorry for your trouble with this - - I'm sure it is not pleasant for you!

So, I assume that even if the storm drain weren't filled/blocked, you would still have run-off issues since there's nothing to stop gravity from dumping sediment and whatever else is on the neighbor's property onto yours.

In that case, you certainly can go to the board of the HOA and ask that the neighbor be required to put up a retaining wall between your property lines to prevent this.

IF the HOA or neighbor refuses this, then you would have the right to sue for a private nuisance and seek a permanent injunction against the neighbor, which would be a court order preventing/prohibiting the neighbor from allowing debris, dirt, water etc. from his yard to dump onto yours, causing flooding, damage, erosion, etc.

This would effectively require the neighbor to construct something to prevent runoff of his yard from destroying yours.

You should consider speaking to the HOA and neighbor first to see if you can agree to erect a retaining wall, etc. to stop the problem. If they aren't agreeable to make this happen, then your only recourse is to sue and claim a private nuisance that is destroying your land and also preventing you from your right to quiet enjoyment and ask the judge to give you a permanent injunction ordering the neighbor to keep any debris, runoff, water, etc. from eroding your property.

Customer: replied 1 year ago.
The neighbor is a construction company. I called to complain but I have no response. The structue is built but the surroundings are causing my problems. My HOA is also saying that they are not responsible for storm drainage however our HOA COVENENT clearly states that they are. HOA SAYS I should be responsible because it is on my property lot. I contacted my county storm drainage maintenance but it may take 2 weeks for my claim to be taken care of. Is it going to be different with a builder on how I handle this.
Expert:  Roger replied 1 year ago.

I think that you're going to need an attorney to write the HOA and demand that they handle it under the provisions of the HOA covenants. If it refuses, then filing suit against the HOA for breach of contract for failing to enforce its terms AND also suing the builder/neighbor for a private nuisance and a permanent injunction is your next step.

If you can't get them to do the right thing voluntarily, the only option is to sue and ask the court to enter an order requiring this of them - - - and they can't get around it.

Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 25993
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 4 other Real Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.