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Recent real estate law questions
Homes is building a large inventory home on the lot next to
Perry Homes is building a large inventory home on the lot next to mine. They elevated the lot about one foot higher than mine and the new grade is draining that lot entirely onto mine. There is only 10 feet (5 feet each side of fence) between the two , can I make them change the grade or add drainage on the new property to prevent this?? Katy/Firethorne /gated section
Thank you very much. Thinking again, I should have included
Thank you very much. Thinking again, I should have included other background. A number of years ago (30 at least) we did build a cement block wall. Through the years it was too much to maintain and we took it down and landscaped the area with a a slight grade and left a few blocks. At that time we had no issues with the previous neighbor. Over the years the soil has spilled over onto the yard below and she now want to put in a fence but wanted the area cleaned up. I have told her we would clean it up and put some crushed stone and sand to help. My thinking now is to just clean up the soil that has spilled over and not do anything that has to do with drainage. I am not aware of any water issues going into the other home. Being that we had something before and took it down, does that change your view. I would rather just clean it up to be a good neighbor but not get involved in any drainage mitigation.
Question involving responsibility erosion. My house sits up
Question involving responsibility for hillside erosion. My house sits up 7 feet higher than back neighbor. We have plants and shuts there to help with erosion. A new neighbor as asked for a wall. We cant afford a wall but are willing to fix landscaping that has crept over and dig drainage ditch to help. What is our responsibility? This new neighbor purchased this property with the situation as it is now. This is in NY State. Thank you
I have 103 acres that I own and I have a easement in writing
I have 103 acres that I own and I have a easement in writing that gives the adjacent property owner access rights to his parcel. The land is a farm turned back to nature with grasses and thickets. I am having an issues with a friend of the land owner who comes down to plant/farm the 2 acres the government allows the land owner to have under the goverment funded program. He has driven into my field in order to avoid the dips in the easement access. Since the owner has rights to access his land via the easement, does this mean I must give his friends access rights as well or can I prevent his friends from trespassing on my land?
I have an easement on my property and egress to a farm
I have an easement on my property for ingress and egress to a farm behind my property the access road is eight feet wide, gravel, with four feet wide embankments on each side. The owner of the property has run over the embankments on a turn and is constantly using what were the embankments as additional turning space for heavy construction equipment. In doing this, he is hitting my fence and tearing it up. Also, the access road is raised. There are water drainage culverts under the road. with his heavy equipment he is running over the ends of the culverts, thereby closing them off so they cannot drain water properly into a creek on the other side of the easement. He is uncooperative in maintaining the culverts which is specifically stated he is responsible for. Also the heavy equipment is too heavy for the road and it is getting destroyed.JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: No. This man is wealthy and I would not be able to compete with his money.JA: Please tell me everything you can about this issue so the Lawyer can help you best. OK. The Lawyer will need to help you with this. Is there anything else important you think the Lawyer should know?Customer: The man who owns the farm behind me is putting up signs at the entrance of the easement onto the main road.The signs are advertising his development and building company even though the land behind me is a farm and a residence, not a building and development company. The signs are an eyesore and not pertinent to the farm. He has also constructed a trash bin that extends halfway onto my property and is depositing open garbage into the bin up to a week before the trash is picked up. This causes a terrible oder that I consider a health hazard.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Im currently in due diligence of purchase of a 2.5 year old
Im currently in due diligence of purchase of a 2.5 year old home. On inspection of the property it has been discovered the builder did not adequately grade between homes for water drainage. Can I be found liable for damage done to the neighbors lot or home due to this run off not being up to code? This drainage issue effects my home and my down stream neighbors home.Per Inspector: Landscape grading is required to be 6 inches decline away from the structure for span of 10 feet from the base of the house. (International Residential Code) Or construction of adequate drain to prevent soil erosion.On the right side of the house (facing the house) there is no proper grade away from this structure. This results in ground water flow and condensation run off from the neighboring house causing excessive water against the foundation of the subject house with no way for the water to adequately recede. Recommend further evaluation by professional landscaper or general contractor.There is visible erosion on both sides of the house due to improper grading and missing splash block.
I have an issue with my next door neighbor and surface water
I have an issue with my next door neighbor and surface water drainage. There is a ditch that runs behind our houses that 3 neighbor's yards run into my yard which then runs into my other neighbor's yard. The neighbor below me has constructed a dam against the fence to block the water from coming on to his property thus I have 3 yards draining into my backyard with nowhere for it to drain. When the water level gets high enough the water will back up to my house foundation and has found some way of getting under it and will come out on the side of my house shooting soil from under the house compromising my foundation. I have added additional drains including a powered 50 gpm drain pump to push it up hill to the other side of my house where it can drain to the street. We are on a zero lot line so I don't have access to the side of the house where the water is coming from under my foundation nor do have have a natural water flow way of getting the water out of my backyard thus why I put in the drain pump. The neighbor is also unwilling to accept a drain line onto his property as I have offered to provide a drain to the property line.Is he liable for damage to my property for building the dam? Am I liable for soil from my foundation coming onto his property?
My husband and I contracted with an area landscaper to complete
My husband and I contracted with an area landscaper to complete a backyard renovation which included leveling the yard, correcting our drainage problem by installing a French drain, laying sod and installing a sprinkler system. The estimate cost was $10,500.00 and we ended up paying him $11,200.00 by the time everything was finished. He did a terrible job and our drainage problem was actually worse after he finished. He came back and added a second drain but it still it didn't work. As a result of us staying on him for months to correct the problem, he agreed to dig up the smaller drain and install a larger drain. He assured us that once they cut the sod and dug the trench they would have the have the new drain installed within 48 hours and the sod would not be damaged. They took 9 days to finish the job and that was only after I was calling them everyday telling them the sod was dying. Well, the sod totally died and they did not replace like they assured us they would if anything happened to it. There is a long strip of dead sod from one end of our backyard to the other. We have texted pictures, called, left messages and they are ignoring us. We also had to pay a sprinkler company to come in and correct problems to the irrigation system they installed. This has been an 8 month ordeal, over $11,000.00 in expenditures and our yard is a wreck. What is our best legal recourse to get our money back so we can pay someone else to come in and correct the disaster they created? He told us he was licensed, bonded and insured.
We built a 4,900 sq. ft. house that was clad in Sto stuccoView more real estate law questions
We built a 4,900 sq. ft. house that was clad in Sto stucco in 1989. Correctly built with vinyl windows and deep overhangs, the house has never had any moisture problems. It has been inspected four times, most recently in 2016 by a EIFS certified inspector. To further ensure that no moisture would invade the house, we employed a stucco expert who cut and caulked around all doors, windows and water spigots, removed stucco up to 18 inches around the house, installed Flexyl, installed a drip cap in metal and 210" of stone veneer at the front of the house. Landscaping and drainage were designed by a landscape architect and later upgraded by a civil engineer. The house has been inspected by Terminex every quarter since 1989 and no infestation has been found.We put the house on the market one year ago and have had one offer that was $65,000 below asking price. Further, in the marketing booklet our realtor prepared, she included an article about all the defects in our stucco system which she placed in front of the certified inspection. Our previous realtor told us that the house has been stigmatized because of the stucco. A lawyer has told me that we have an actionable RICO violation. Tax value of the house is $848,000. What is your opinion and can you direct me to an attorney that can help us sue the North Carolina Realtors Association and Sto.