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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 35755
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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To whom can assist, & I live in Fishers IN, Hamilton County,

Customer Question

To whom can assist,
My name is Jeff & I live in Fishers IN, Hamilton County, Delaware Township
I have a few questions regarding a civil matter w/ a previous next door neighbor.
My neighbor had a major storm water drainage issue over the last 4 years. I proactively informed him of the matter as soon as it started. He continually ignored & eventually denied his responsibility for the damage. I have great pictures that document clearly the water coming from his house & onto my front yard as it eroded & killed approx 200 sq ft. of my property. I further have a letter from the City of Fishers Storm water engineer stating that the issue is caused by the neighbors run off supported by my photos.
There is another area in the backyard that the neighbor literally killed with vegetation killer out of spite. It is 2' x apprx 80' along my side of fence line.
Damages are approximately $1,000-$1500
I filed a small claims case which is scheduled for this Fri & can not be continued any further. Upon filing the claim I discovered that the homeowner who caused the damage had sold & closed on the house 1 week prior to my filing the lawsuit.
My question: is he (previous homeowner) still liable or does the damage go with the new property owner based open the timing of the house being sold & closed and when the suit was filed?
Any suggestions or recommendations would greatly be appreciated. Thanks in advance.
I sincerely ***** ***** assistance as I am not working due to health issues and can not hire an attorney.
Sincerely,
Jeff Strock
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  LawTalk replied 8 months ago.
Good afternoon,I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. The previous homeowner who actually killed your lawn with the use of chemicals and destroyed another portion of your lawn by allowing water to be directed from his property to yours is the proper defendant in this suit. The new owner has nothing to do with it---despite the fact that they now own the property. You will want to advise the new owner of the ongoing drainage issue and that you are suing the previous owner and respectfully ***** ***** the new owner take measures to avoid further damage to your property. However, it is entirely premature to sue the new owner for anything. You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.I wish you and yours the best in 2016,Doug
Customer: replied 8 months ago.
I appreciate the response, but am concerned because I have been told that the liability goes with the property and not the owner. I am not personally doubting you, but this is why I am not confident in which is the accurate answer. Are you 100% confident & does the law vary from CA to IN I assume?
Expert:  LawTalk replied 8 months ago.
Hi, Liability does NOT go with the property in this case. The liability is based on the negligence of the owner in NOT redirecting the water flow and as a result of the negligent/intentional application of chemicals. The laws in IN and CA are similar as regards ***** ***** of a cause of action. Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.You may of course reply back to me and I will be happy to continue to assist you further.I wish you well,Doug
Expert:  LawTalk replied 8 months ago.
Good afternoon,Do you have any additional questions that you would like me to address for you?In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.As I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?Thanks in advance,Doug

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