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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36241
Experience:  16 years real estate, Realtor. Landlord 26 years
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Myself and nehibor, altamonte springs florida there is a

Customer Question

myself and nehibor
JA: Where is the property located?
Customer: altamonte springs florida there is a retaining wall dividing our properties that is collapasing and causing a great dral of damage to my property
JA: Has any paperwork been filed?
Customer: yes with the City of Altamonte and Seminole County
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes this wall travels trals this wall travels through severl several properties it would be easier if I could speak to someone also.
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 you had a survey done to determine whose property the wall is on?

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thanks

Barrister

Customer: replied 6 months ago.
my neibor
Expert:  Barrister replied 6 months ago.

Ok, if this is on your neighbor's property, it is their wall and their personal property. If it is damaging your land, then you have the right to sue them 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 their wall is causing you damages, you can sue for the cost of those damages and repairs as well as for an injunctive order that would force them to remove and/or replace the wall at their cost to abate the nuisance.

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If this is something where the damages are under $5,000, you can sue them in small claims court for your damages and abatement. If it is over that, then you would have to hire an attorney and sue in a higher court to force them to compensate you for any damages. As part of your case, you would need to get estimates from licensed contractors for the cost of repairing/restoring your property.

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thanks

Barrister

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