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Roger, Attorney
Category: Legal
Satisfied Customers: 31672
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Would an issue with the town not connecting sewage drainage

Customer Question

would an issue with the town not connecting sewage drainage pipes causing water damage/flooding on my property be considered a real estate dispute legally or would it have another designation?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: NY Dutchess County
JA: Has anything been filed or reported?
Customer: No. apparently the developer and/or town wanted to install drainage for multi-family dwellings in a single family home area so the property owner whose property they would need to install the connection has an issue. I thought there were underground springs and the new construction changed the water tables-but the homeowner whose property they need to access stated it's actually sewage runoff or something similar (not spring water)
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes. Since its wintertime I have an ongoing ice skating ring in my driveway and my back yard is marshy in the spring. There is a storm drain between my house and my neighbors which I assume is where the connection was supposed to be made. I'd like to know what type of lawyer I would need to get the town to get the water issue addressed (drainage piping connected to stop flooding) and fix my driveway, lawn possible basement/garage flooring.
Submitted: 6 months ago.
Category: Legal
Expert:  Roger replied 6 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

This should be considered a private nuisance........if the drainage pipes are not properly working, which is flooding your property. You could sue for the private nuisance and ask the court to require the town to remedy the issue. You can also ask the court for a standing order to prohibit the town from doing this in the future as well.

Customer: replied 6 months ago.
Would private nuisance be under real estate since it deals with my home? I have a legal plan through my employer but I wasn't sure what category the issue would fall under. The only boy two categories from the list that seem to relate to this issue is real estate and litigation matters.
Customer: replied 6 months ago.
could I use either of these categories?
Expert:  Roger replied 6 months ago.

Yes, it should be a real estate litigation issue.

Expert:  Roger replied 6 months ago.

Please let me know if you need anything further. Thanks!