Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

We live on a rural road in a lake community. The road's homes

Customer Question
are lakefront with the road...
We live on a rural road in a lake community. The road's homes are lakefront with the road behind the homes. Across the road is a hill that is private property. This hill is eroding drastically due to the torrential rains in May. Trees, boulders and huge amounts of mud have slid down, but the owner of the hill will not reinforce it or clean it up. Emergency Management can only suggest voluntary evacuation, but we have too much invested/owed on our home to leave. How should we approach the owner of the hill and what rights do we have?
Submitted: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 11 minutes by:
6/2/2015
Real Estate Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102,923
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
Verified
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation.
Texas adheres to the common enemy rule when it comes to water. This rule means that the neighbor has a duty "to turn surface water from his own property without liability for damage that may be caused by such obstruction or diversion. See 56 Am.Jur. Waters § 67 et seq." City of Houston v. Renault, Inc., 431 SW 2d 322 - Tex: Supreme Court 1968.
While this remains subjective, Texas continues to at least partly recognize this doctrine.
As such, the neighbor may be held liable if his actions lead to damage to someone else's property.
A good idea is a demand letter, sent by an attorney, to shore up the property or to face a lawsuit for negligence and nuisance if his non-action does indeed lead to damage.
(One can also technically sue ahead of time, asking for reasonable funds to protect one's property by building on one's property, if the neighbor is unwilling to do so on his.)
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Ask Your Own Real Estate Law Question
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102,923
102,923 Satisfied Customers
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

102,923 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
My neighbors halekoa tree reaches 35 feet, Kailua, No,
My neighbors halekoa tree reaches 35 feet JA: Where is the property located? Customer: Kailua JA: Has any paperwork been filed? Customer: No JA: Anything else you want the lawyer to know before I conn… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,182 satisfied customers
I just bought 2 story apartment with pitch roof. My neighbor
I just bought 2 story apartment with pitch roof. My neighbor has 1 story commercial property with rubber flat roof. Our buildings are so close that my wall almost touch his wall. In winter, ice and sn… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
When a house fire spreads to a neighbor, generally, all the
For Law Educator:When a house fire spreads to a neighbor, generally, all the neighbor has to do is send a demand letter to the house owner's insurance company for payment of any damage to the neighbor… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
We have a renter living next door and the neighbors have
We have a renter living next door and the neighbors have reported to the police regarding drugs domestic abuse many problems.. I have called the landlord many times regarding problems going on over th… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Our neighbor "the neighbor bully" has run a fence between
hello, our neighbor "the neighbor bully" has run a fence between our homes that is attached from his house wall thru their driveway and onto our property touching our wall. They put a lock on the gate… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,283 satisfied customers
Neighbor recently planted a fruit tree next to my driveway.
Neighbor recently planted a fruit tree next to my driveway. Can I have him remove it? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
We have a neighbor who is shining a floodlight directly
We have a neighbor who is shining a floodlight directly hitting our bedroom and deck. Without getting into a legal battle, are there any ordinances where I live regarding this? (I couldn't find anythi… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
I have an issue with a neighbor who has built a dog pen near
Hi, I have an issue with a neighbor who has built a dog pen near our property line. They constitute a nuisance to me and the way I use my property. He has tacked up distracting signs on trees that are… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
I was wondering.I have these neighbors that want to put a
Hello,I was wondering.I have these neighbors that want to put a funeral parlor next door to my house.Unfortunately,I found out that I live in a busimess class zone but there are other houses next to m… read more
LegalGems
LegalGems
Juris Doctorate
10,647 satisfied customers
San Francisco, CA. Neighbor's fence is falling apart, and
San Francisco, CA. Neighbor's fence is falling apart, and several branches of their tree are hanging over into my yard. What are my options to correct these two situations? Heard I can hire a contract… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,131 satisfied customers
Neighbors tree cracking my driveway and lifted the concrete
Neighbors tree cracking my driveway and lifted the concrete so rain now flows into my garage and floods it. Can I force them to remove the tree. Are they libel for the damage? Will their insurance lia… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My neighbor erected no trespassing signs clearly on my
My neighbor erected no trespassing signs clearly on my property as a legal survey showed. What are my rights … read more
socrateaser
socrateaser
1,031 satisfied customers
Not sure if this is criminal or civil. My neighbor just
Not sure if this is criminal or civil. My neighbor just installed a video camera pointed solely at my backyard from about 1' on his side of a wire fence. Need a lawyer in San Mateo, County, California… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Our neighbor installed a central air conditioning unit
Our neighbor installed a central air conditioning unit outside our bedroom window. Out hOA will not allow us to put up a sound barrier of 8' x 12' even though the sound expert we hired recommended it … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Complaint relates to private nuisance on the part of
Complaint relates to private nuisance on the part of neighbor who has acted in numerous and continuing behavior in building a house. He is and has been in violation of the city construction laws, the … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
If we have a neighbor who is a consistent nuisance and is
If we have a neighbor who is a consistent nuisance and is renting a house in our neighborhood, is there a way to find out who owns the property to reach out to them about the tenant?… read more
socrateaser
socrateaser
1,031 satisfied customers
Complaint filed against defendant for violation of nuisance
complaint filed against defendant for violation of nuisance laws, negligence, and damages done to plantiff's property resulting from cooking odors (in his own townhome). … read more
Damien Bosco
Damien Bosco
3,370 satisfied customers
This is more of a nuisance problem with a neighbor. Where do
This is more of a nuisance problem with a neighbor. Where do I go for an answer to a problem of this sort? … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,131 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x