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 Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33730
Experience:  15 years real estate, Realtor. Landlord 26 years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

I purchased a foreclosure in Superior AZ. I was unaware thr

Customer Question

I purchased a foreclosure in Superior AZ. I was unaware thr was a flooding issue when it rains until recently. When it rains the water from the street dumps into my yard along w another prop owner below me. Thr is so much run off tht it floods my front yard up 5" or so on my foundation in about 15-20 min. I have recently stood in the rain to video how much and fast it floods. My neighbor hs sd tht the town mgr has told town employees to not spk w her.
I understand towns/cities hv budgets but they don't hv the right to push that cost onto me. What are my rights in reference to protecting my prop/investment and what actions are necessary for the best results?
Any information will be graciously accepted. Thank you for your help in advance!
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

.

Have you had a landscape engineer out to determine what can be done to correct this and a cost to do so?

.

.

thanks

Barrister

Customer: replied 1 year ago.
No, I haven't. The town has had the engineering firms "drafter" look at it. They want to "dig a ditch" in front of the lower portion of my prop but that is not where it starts. It starts about 4 houses up from me. It's as if the roadway is not graded appropriately.
I'm gonna try to sufficiently describe the roadway. Please bare with me. From the top of th St to bottom has a downgraded s curve to it. If your looking down the st my prop is on the rght on the lower edge of the bottom curve. The st is constructed w a highpoint in the center sloped down to each side of the St. There are no gutters/sidewalks on either side of the St which makes water run from the center highpoint of the St along w the runoff from above me run directly into my prop.
Now, I don't mind the "ditch" concept as long as it it is covered w a grate for safety purposes (there are many kids in the area) and if they start above my property in order to draw the water in appropriately.
Expert:  Barrister replied 1 year ago.

Ok, at this point, if they are agreeing that it is an issue and are moving towards taking action to fix it, then it might be a little premature for you to do anything to "force their hand"

.

But if they are dragging their heels, then your recourse here is to file suit against the town for "private nuisance". A private nuisance is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation.

.

So if their actions in not properly grading or installing adequate drainage is harming your property, you can sue them for the cost of making repairs if they don't do so voluntarily.

.

If you wanted to take a middle of the road approach, you could have a local attorney send them a "demand letter" essentially threatening to sue them if they didn't take quick action with some deadline for them to do so or you would file suit. Sometimes just a threatening letter from an attorney is enough to "encourage" them to make repairs rather than be dragged into court, have to hire an attorney, lose, and have to do the work anyway.

.

.

thanks

Barrister

Expert:  Barrister replied 1 year ago.

Have to step out of office for an hour or so, but will check back in when I get back.

.

thanks

Barrister