Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

If a water retention pond leaks and causes damage to my property,

Customer Question
what can be done?...
If a water retention pond leaks and causes damage to my property, what can be done?
Submitted: 3 years ago.Category: Real Estate Law
Ask Your Own Real Estate Law Question
Answered in 4 minutes by:
6/7/2015
Real Estate Lawyer: CalAttorney2, Lawyer replied 3 years ago
CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,245
Experience: I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
Verified
The owner of the pond is liable to you for the property damage caused by the leak.If they do not voluntarily cover the damage, you can sue them in civil court.One way you can go about taking care of this is to "tender the claim" to your homeowner's insurance and have them prosecute the claim against the neighboring land owner on your behalf (depending on your policy they may do this for you). Another way to do this (if your policy does not cover this, or if you want to avoid making a claim against your insurance), is to hire a civil litigation attorney to represent you in this matter - likely this claim will not proceed past the negotiation/pleading phase depending on the circumstances so you are not going to have to spend a lot of money on litigation costs, but it will be more money out of pocket, and delaying in tendering a claim to your insurance carrier does run a risk that you will not be able to file one in the future (most policies require that you promptly tender it to the carrier).Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).
Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask CalAttorney2 Your Own Question
CalAttorney2
CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,245
10,245 Satisfied Customers
Experience: I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.

CalAttorney2 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:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 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

4,998 satisfied customers

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

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
We have a homeowners association where I live. I have been
We have a homeowners association where I live. I have been elected as the president for this year. A question has come up about having liability insurance for the water retention pond on site. This is… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers
I live in a row house. Zip 19130 My neighbor has a garage
I live in a row house. Zip 19130 My neighbor has a garage attached to the back of his house - it forms a wall with the back of my house I built a reinforced concrete pond next to his wall it is mostly… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I live in a subdivision in GA that has 2 ponds. One of them
I live in a subdivision in GA that has 2 ponds. One of them is managed by the HOA and the other one is privately owned by 4 families. This pond is really a storm water retention pond. Community wide r… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I live in a neighborhood with an pond system that is all interconnecte
I live in a neighborhood with an pond system that is all interconnected and have irrigation water flowing through it. Each property owner 'owns' their pond, but the water running through the system is… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,537 satisfied customers
I live in west central florida, and my neighbor behind us just
I live in west central florida, and my neighbor behind us just built an 8 foot fence, blocking off the view of the retention pond behind their house. I am not happy about it, and neither is anyone els… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
I have a detention pond located on my property. Am I responsible
I have a detention pond located on my property. Am I responsible for maintaining it or the city? I never signed any papers when buying the home that I was aware of the pond and that it would be my res… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I live in Ohio and shared a 2 acre pond with my neighbor and
I live in Ohio and shared a 2 acre pond with my neighbor and our shared pond feeds underneath a state route into a lower level pond on the other side of the street. Recently the drain pipe was clogged… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,847 satisfied customers
I have a issue with a storm drain in my back yard, when I bought
I have a issue with a storm drain in my back yard, when I bought my house I thought it was just a wet land with some drainage, but was limited. The first few year there were no problems, however we we… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,947 satisfied customers
Im a resident of NC. I live on a golf course. There is
I'm a resident of NC. I live on a golf course. There is a man-made pond in the fairway behind my home. After heavy rain the pond overflowed. The pond water ran down into my yard, destroying lancdscapi… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
Im looking at a house, on a high lot, that has a water retention
I'm looking at a house, on a high lot, that has a water retention pond on the lot next door to it. The pond is nearly the size of a full lot...and seems to have brown, standing water. It is owned by t… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I live in the State of Georgia on a horse farm. On the farm
I live in the State of Georgia on a horse farm. On the farm is a small (<4 acre) pond that is utilized for both irrigation and fishing. The pond is old, was in poor shape, was leaking within the da… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My neabor is digging a pond right next to my property line.
My neabor is digging a pond right next to my property line. At one time, there was a small pond that was sheard. It has not been used for years. I am aganst the old pond beaning dug out.… read more
socrateaser
socrateaser
1,031 satisfied customers
My home is located on a 3 acre pond,(my property boundary includes
My home is located on a 3 acre pond,(my property boundary includes 1/6 of the pond)which lies between an upper 3 acre pond and a lower 25 acre lake, each connected by a spillway whcih takes water from… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
I LIVE ON A RETENTION POND IN A HOUSING EDITON WITH NO ASSOCATION.
I LIVE ON A RETENTION POND IN A HOUSING EDITON WITH NO ASSOCATION. THERE IS 8 HOUSES ON THIS POND WHICH MAINTAIN, PAY TAXES, MOW AND TREAT THE POND FOR ALGIE AND SO FORTH. WE HAVE HAD ROCKS PLACE ALL … read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
I have a farm pond approximately 1/2 acre in size that was
I have a farm pond approximately 1/2 acre in size that was built in the bottom of a slope in the land and is fed primarily by an eroded area that also runs across my neighbors property. The water runs… read more
socrateaser
socrateaser
1,031 satisfied customers
Rippiarin law in New York. Bought a farm, has a large pond
Rippiarin law in New York. Bought a farm, has a large pond built by the previous owner for exclusive irrigation of my farm, after 5 years a neighbors grandson is now stating there is a 2 to 6 foot spo… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
The property adjacent to my rental property (my former home)
The property adjacent to my rental property (my former home) has a patio that is cracked and falling apart. Below my neighbors patio is my retaining wall which is slopping and bowing. I viewed the pro… read more
BizAttorney
BizAttorney
Attorney
Doctoral Degree
1,658 satisfied customers
Our Community is single family homes. About half the properties
Our Community is single family homes. About half the properties are on the retention ponds and the others aren't. The problem is the property owners on the retention pond OWN their portion of the rete… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 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