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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 32154
Experience:  Began practicing law in 1992
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I have a sanitary sewer cover in the middle of my driveway.

Customer Question

I have a sanitary sewer cover in the middle of my driveway. The drive way has severe cracks and has sunken 2 - 3 inches in spots. Do I have any recourse with the city?
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 3 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

It is extremely difficult to bring a lawsuit based on these facts. First, the city has a certain amount of "sovereign immunity" and can only be sued for those things for which the state has stated in the Kentucky Tort Claims Act that they can be sued. This exclusion is primarily for cases involving motor driven machinery.

The one possibility that you may have is arguing a violation of your civil rights and, essentially, the property of the city (the sewer) is taking your property by virtue of it not being


To pursue this you're going to need a lawyer that is familiar with civil rights law. You can find one of these by going to and entering Civil Rights in the section for Area of Practice. The same lawyer can also look at how else the Tort Claims Act may be used.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

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