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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10237
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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If a water retention pond leaks and causes damage to my property,

Customer Question

If a water retention pond leaks and causes damage to my property, what can be done?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.
The owner of the pond is liable to you for the property damage caused by the leak.If they do not voluntarily cover the damage, you can sue them in civil court.One way you can go about taking care of this is to "tender the claim" to your homeowner's insurance and have them prosecute the claim against the neighboring land owner on your behalf (depending on your policy they may do this for you). Another way to do this (if your policy does not cover this, or if you want to avoid making a claim against your insurance), is to hire a civil litigation attorney to represent you in this matter - likely this claim will not proceed past the negotiation/pleading phase depending on the circumstances so you are not going to have to spend a lot of money on litigation costs, but it will be more money out of pocket, and delaying in tendering a claim to your insurance carrier does run a risk that you will not be able to file one in the future (most policies require that you promptly tender it to the carrier).Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

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