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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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GA-Sha What protection is available to a property owner when another

Customer Question

What protection is available to a property owner when another party changes the dirt(plowing to change the water flow?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer, thank you for using our service. I would like to assist you today. Responses may have a short delay for review and research.
This is dealt with under "trespass" law - you can file a civil claim against them and ask for "injunctive relief" and "declaratory relief" (a court order requiring them to make changes to prevent the change of water flow onto your property).
Unfortunately, this is not a simple type of case, and I would highly recommend retaining a local real estate attorney (with experience in civil litigation) to represent you in this matter.
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 Bar Association directory: , 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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