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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 32338
Experience:  Began practicing law in 1992
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A builder in residential neighborhood excavates basement,

Customer Question

A builder in residential neighborhood excavates basement, moves the soil to back corner of lot. This blocks rain drainage flowl plan for 8 homes, my lot is flooded to 2 feet. I go next door and dig ditch and save Property from flooding . Builder refuses to move material and city does nothing despite my warnings of future potential flooding .because I only dug a trench in pile of dirt. This was 2008.Builder then builds an elevated 55 inch high / side drive way 1 foot from off my property line. Asst City Mgr seems to savor the policy of building right up to property line but to build on property line requires workers handling landscape blocks to stand and work on my property. Three feet of my lawn along their driveway is destroyed , their is some erosion and I spend $750 to fix.Finally over my objections to builder and city the side driveway is graded from 3 to 8 degrees directly to my property, and then more gently to the street. I now have basketballs and baseball's hitting my flower, my shrubs and the side of my house. Can I sue city for in affect allowing a builder direct and continual access to my property to build a driveway I objected to from the start!
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 4 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.

Who does the driveway that was built by the city belong to?

Customer: replied 4 months ago.
Residential home, family owner, built by commercial home builder but plan was approved by City. I attempted to obtain the documents from City to no avail. Builder may no longer be in existence.
Customer: replied 4 months ago.
N/A
Expert:  Dwayne B. replied 4 months ago.

How did the city allow them access to your property?

Customer: replied 4 months ago.
Builder just came to site when we were away at work , and finished off the wall very quickly This is Iowa City growing from too large too quickly -- I do not believe they realize the legal problem with allowing a builder access to private property. I intend to get Attorney and suit for large damages, and #2, to ask the Court to stop this ridiculous violation of property rights. Think of this as an old boy City Council with Community growing beyond their expertise. I went to City Council in 2010 and got a letter which said nothing. I think City staff was protecting this builder but " build on property line " seems beyond them.
Expert:  Dwayne B. replied 4 months ago.

In this case I don't think you're going to have a case against them in the long run. They are going to say it was the builder's fault and there really is no way to dispute that. If they expressly told you that you had to let them on the property or something like that then you would have a case, and I have heard of that happening in some cities, but in this case they can just blame it on the builder and get away with it.