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We live in NC and have a well. It is 20 years old. It is one…

We live in NC...

We live in NC and have a well. It is 20 years old. It is one of the strongest wells the driller ever saw and said it could provide for 20 or more homes. It supplies only our house. Two years ago a development company bought the 100 acres behind our house. They removed all of the trees and are building 250 homes behind us. When they started digging behind our house a spring came from the ground behind our house. Since then we have destroyed 2 washing machines, 4 faucets and had to have a filter put on the well. A few months back it seemed they were finished and over a three week period our water cleared up completely. Last week they started digging again and our water is the worst its ever been and the spring is back behind our house. Do we have any rights or claims against them or can they just do whatever they want even if it effects us?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No we had the water tested to find out what was in there. We thought it might be coal from a nearby plant but it came back as just ground sediment

Lawyer's Assistant: Have you talked to a NC lawyer about this?

No I didn't want to waste their time if there was no case

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thanks

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Answered in 10 minutes by:
3/19/2018
Attorney Wendy
Category: Legal
Satisfied Customers: 1,382
Experience: Member at Keefer & Keefer LLC
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Hello. My name is ***** ***** I am an attorney. I am reviewing your question and preparing a response and should have that to you shortly.

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If the nearby development - including site work and construction - permanently damages your property (including your well) you may have a claim. And a claim may exist for what has occurred so far, though it would be more difficult to directly tie the water to the appliance/faucet damage than to show cause and effect if the well were permanently damages (which is something of course you do not want). That said, you may consider identifying the contractor/developer responsible and contacting them to make a claim for the damages appliances and fixtures. Construction companies carry insurance to cover damages caused by their work and this may be covered by their policy. This would also give you the opportunity to discuss with them ways they could perform their construction without further disruption to your well and water supply. Another option, which could be done in connection with contact with those responsible, is to contact the local building authority that permitted the work to notify them of the problem. They may be able to assist with the issue and require some measures to protect your property and avoid further damage.

I am sure this is a very frustrating situation. You should have some avenue of relief either through the construction companies insurance companies or local building officials or both. And, notifying them of this issue also puts them on notice such that if future damages occur you may have a better way to recover.

I hope this is helpful. If you need further assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

Attorney Wendy
Category: Legal
Satisfied Customers: 1,382
Experience: Member at Keefer & Keefer LLC
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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