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Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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29 S, Benson Avenue Margate city N.J. 08402 Does the sprinkler system need to be how ma

Customer Question

29 S, Benson Avenue Margate city N.J. 08402

Does the sprinkler system need to be how many inches or feet from my property so it does not do damage to my concrete. It is right up to my property now. Water lays in my drive way.

Do you put ans in writing and stand by it If I go back to zoning board with it????
Submitted: 4 years ago.
Category: Legal
Expert:  Ely replied 4 years ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Can you please tell me:

1) Who owns the sprinklers?
2) How exactly are they damaging your concrete?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 4 years ago.

It's a builder who had the sprinkle system installed for the owner who hasn't moved in as yet. The system is running a long the side of my property of drive way . It goes on early morning and my huge concrete drive way is wet but the inportant thing is so much water comes on drive way that a large pool of water laids in middle of my drive way going across from my house to their grass the pool of water stays there every day till 4 in afternoon then drys up for a few hours. Now after day after day and in a year water laying there can lift concrete . I had the zoning officer out too day and when he finished it comes down to no violatation by them too bad I can't do a thing about it. I lived here for years never had water and if I want to sell property I have water in drive way every day that they will see which could lower the value of sale. That's why I am asking you does the system need to be how many inches or feet from my property??? Right now it's up to my property. The zoning guy was not nice to me as a property owner for years. This only started 2-3 weeks ago and this is the first time I said anything because I was in a hospital and I just buried my husband. I am out now and need to get answeres. What are the zoning laws in Margate for this a sprinkler system installed so close to some ones property. There must be requirements on this,

Expert:  Ely replied 4 years ago.
Thank you for your clarification, friend.

We have three "rungs" of laws in the USA:

1) Federal law (US Code)
2) State law (state statutes)
3) County/municipal law (ordinances)

Sprinkler systems are at the lowest level here - county/municipal. So no federal or state law exists that would have this matter in hand, if it existed, it would be county/municipal ordinances.

However, I am afraid that the ordinances that do exist do not touch base upon the subject. You can see the only two ordinances about sprinklers in the town here and here.

This is why the zoning officer did not cite them.

Now, I am not sure what you mean by "zoning laws" here, because zoning laws have to do with what kind of businesses/residences may be built in an area. I am guessing you are using "zoning laws" meaning any law in the area, and if so, then the answer above applies.

However, you still have options. This is a civil matter, and can be an action for nuisance. Allow me to explain. To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state. Every cause of action has its own elements, and each element has to be satisfied for a cause of action to be successful in court.

Here, this may be nuisance. The essence of a private nuisance is an unreasonable interference with the use and enjoyment of land. Sans v. Ramsey Golf & Country Club, Inc., 149 A. 2d 599 - NJ: Supreme Court 1959.

Here, you have a choice:

1) Write a letter (having an attorney doing so would be best, XXXXX XXXXX attorney's letter carries more gravitas) threatening a lawsuit for nuisance unless they adjust their sprinklers, or

2) Actually file the suit.

May I recommend the NJ Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

Often, a party agrees to avoid confrontation and to do what is necessary to avoid litigation just by a letter. If you'd like, I can provide a sample, although using an attorney is best.

I hope this helps and clarifies. Best of luck.

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Customer: replied 4 years ago.

I asked if a company putting in a sprinkler system has to be inches or feet away from someones property. Your ans sounds like there is no rules for them to follow they can put it anywhere. You did not give me anything on installation of sprinklers what they are allowed or not allowed to do. Where is the rules listed for sprinklers that I can look up. Send the sample letter I can use to send them as a nuisance.

Expert:  Ely replied 4 years ago.

Hello friend. I am sorry you are unhappy with my answer. I will opt out and will open this up for other experts, and perhaps another expert can find these "rules for sprinklers" because my conclusion is that they do not exist; but another expert may have another opinion. Best of luck in this and all your endeavors.

Expert:  Sam replied 4 years ago.



I see that you expert opt out of this question. However, if you click onto the blue links he provided you will have more insight to the answer that was given

And so if there is no law or ordinance, we cannot make them up.