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Recent Drainage questions

I am buying a home and the closing is tomorrow. I am an

I am buying a home and the closing is tomorrow. I am an attorney but don't generally do real estate closing. I am doing my closing tomorrow, but have been in close contact with another real estate attorney.I am reviewing the survey and the inground swimming pool seems to be over the utility and drainage easement. Is this an issue? The other attorney seems not to think so, but when I do an internet search I get mixed answers.

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Taylor

Attorney

Juris Doctor

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Evidently, the rules have changed regarding rock in the

Evidently, the rules have changed regarding rock in the planting beds on properties within the HOA.However, when I first moved in here 10 years ago, this practice was allowed, and I paid a fortune to change over from mulch to rock due to some drainage issues and the fact that the mulch would go everywhere during a hard rain. However, now my HOA is starting to assess daily fines (I never received a first notice, by the way).It would put a huge financial burden on me to change this back over (not to mention back breaking work). Is there a way I can fight this? Shouldn't I be grandfathered in somehow?

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Ely

Counselor at Law

Juris Doctor

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62,818 satisfied customers
This would relate to Texas Property Law. I am looking at

Hi - This would relate to Texas Property Law. I am looking at purchasing a home and a neighbor to that home has alerted me (via a third-party) that she has an ongoing "issue" with the current owner around some rainwater drainage he installed on his property. Her claim is that his drainage system has caused water to enter her home on at least one occasion and is also causing long-term damage to her slab foundation. At this stage, I can't validate her claim. To my knowledge, there is no pending litigation and the current homeowner has not disclosed any issue to me as yet.My question is really whether any liability he may have for her damages up to the date of my closing would transfer to me. I understand if there is a real issue I may need to solve it and can negotiate that into the deal, but who is liable for her claims if she makes them at some point.

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Ely

Counselor at Law

Juris Doctor

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62,818 satisfied customers
I had a construction company as a S Corp a few years ago. I

I had a construction company as a S Corp a few years ago. I did the final tax return on corp 2014 after paying all debt. The s corp has no assets at this point. I didn't close out the corp with the state.I have a previous client that we built a home for 4 years ago. Very difficult client and he is contacting me about foundation drainage system. I can tell that he opened capped window wells to drain water into foundation by what he is saying but he claims we put system in wrong. The reason the window wells were capped is because we got to the point of construction and he through a fit saying window wells were not astatically his thing. We did extra work of trying to please him with grading and left them capped. When he came to the decision to install the window wells 4 years later they are clogged with dirt. So I believe what he saying is come dig my yard up and fix it or he will sue me.My accountant told me I have nothing to worry about cause corp has no assets or income and told me I should think about driving to capital of our state and closing corporation.Were do you think I stand?

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I just bought a house from an owner/RE Agent. I did not opt

I just bought a house from an owner/RE Agent. I did not opt to hire a home inspector but did the inspection because the home had a new roof, HVAC, all new flooring, inside paint, all new appliances, hot water heater (everything), new bath fixtures and ceiling fans. It was flawless inside and out. I received a Georgia :Seller's Property Disclosure Statement completed and signed by the owner agent. The property is a rental and my new tenant's family of four moved in the day of closing. Four days after closing, my tenant called and said the washer draining is backing up to the clothes washer. The property has a septic system for all water related appliances except the washer. It has its own drain system, probably some sort of drain field. I called my Septic/drain expert who says the drain is not adequate and deeps a properly sized drain system. I am contracting him to install the $ 1,500 125 Gallon drain and filter system. He has a solid reputation and came recommended by my Realtor. Here is the problem: The seller noted on the Disclosure under the question "Are there any leaks, backups, or other similar problems with any portion of the plumbing, water or sewage systems?" His answer was no. I believe he is liable for some part or all of the $ 1500 fix. What is your legal opinion of my best approach or rights in this situation? If he had answered "I don't know", I would have made a different decision about that part of an inspection. As a Colorado RE Broker myself for many years and a commercial RE bank senior executive, I believe the owner agent should have known the consequences of his answer(s) on the disclosure. I think the Georgia Real Estate licensing authority would see it my way as well if I ask for an investigation on the transaction. Your opinion please. Thanks

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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45,610 satisfied customers
My brother and I are looking to buy a house in Buckeye AZ in

My brother and I are looking to buy a house in Buckeye AZ in Maricopa County and there is a Drainage Easement on the property. What rights do we have to usage of the land covered by the easement? Do we have any ability to use that land or are we required to NOT use it?

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P. Simmons

Attorney

Doctoral Degree

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34,682 satisfied customers
I have an oil pipeline being put across my land. After a

I have an oil pipeline being put across my land. After a good rain, the run-off left about 6 inches of mud across my driveway. I'm meeting someone in the morning to discuss this.I would like to know what best words I should use to get them to correct this.

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Irwin Law

Juris Doctor JD

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8,240 satisfied customers
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

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William B. Esq.

Attorney

Doctoral Degree

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19,020 satisfied customers
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.

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Thomas Swartz

Attorney

Juris Doctor

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