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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33757
Experience:  15 years real estate, Realtor. Landlord 26 years
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I own property backed up to my rear flank by a slightly

Customer Question

i own property backed up to my rear flank by a slightly elevated lot which is considerably larger than mine.But its biggest section is "middle-ground",between their lot and the next lot over which is basicly largely unused.This deadspace up against my back privacyfencing has poor county grading in a slopy area already,which has groundswelling issues that this spring has entered and ruined my back lot now.Creating also large mosquito infestations to add nicely to the damage.What help or course of action may be needed to gain help from careless neighbors or the county? Clay in virginia
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Barrister replied 6 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Have the neighbors recently done something to affect the drainage or has this been a problem for a long time?

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Have you filed a complaint with any city agencies like the Health Dept or Code Enforcement regarding the mosquitos?

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thanks

Barrister

Customer: replied 6 months ago.
this has been a variable issue for some years,more or less from hurricanes,but the prperty in question is a rental slumlord type. No contact of yet w health agencys no.
Customer: replied 6 months ago.
really sorry of my slowdown keeping up with your answers,but having provider/carrier prob.s today i think!!!!
Customer: replied 6 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Barrister replied 6 months ago.

Ok, no worries, I am on and off line today as well..

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I would suggest that you first contact the local Health Dept as they can come out with Code Enforcement or the Housing Inspector and inspect. If they find a public health risk, they can cite the owner and take him to court to cure the problem. They have a lot of power to force compliance with the local health codes and laws.

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If they can't/won't help, then your recourse is to sue the owner 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.

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So if the owner is not maintaining his property and allowing mosquitos and other vermin to breed, that is a nuisance and you can sue him in court to get the judge to issue an order for him to abate the nuisance or potentially be held in contempt of court and face up to 6 months in jail.

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thanks

Barrister

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