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Can i stop a land developer from building a water detention

Customer Question
basin above my property which...
can i stop a land developer from building a water detention basin above my property which would devert more water through my property .than my property could handle .in 1980 a developer deverted the storm drain runoff from a track of homes that now runs through my property ,and i have had to install a 36 in storm drain pipe through my drive way to handle the runoff from that .track off homes and now they want to devert more water through my property. ive been to the planning comission meeting as well as the city councle meeting to protest the basin being built but to no avail can you help .
Submitted: 2 years ago.Category: Real Estate Law
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Answered in 9 minutes by:
7/17/2015
Real Estate Lawyer: Barrister, Lawyer replied 2 years ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,583
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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If you can get an engineer's report that would state that the additional runoff would cause damage to your property or a need for increased size drainage pipes, then this could constitute a "private nuisance". A private nuisance is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation.
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So if you can get evidence that it would cause you damages, you can sue the developer for private nuisance and seek an injunction to either prevent them from building the basin or pay the costs of any additional drainage pipes necessary to prevent damage.
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It is likely that rather than engage in a protracted legal battle, the developer would likely just agree to make modifications to the existing drainage so as to prevent any damage from occurring..
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thanks
Barrister
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Customer reply replied 2 years ago
THANK YOU SOO MUCH FOR YOUR HELP .. I HAD THIS SAME PROBLEM IN 2008 . AND HAD TOLD THE CITY COUNCLE THAT THE LAW STATES YOU CAN NOT DEVERT A EXCESIVE AMOUNT OF WATER TO SOMEONES PROPERTY AND THE LAWYER FOR THAT THAT COUNCIL AGEED WITH ME AND THE PROJECT WAS STOPED NOW A NEW DEVELOPER AND NEW COUNCIL HAVE IGNORED THAT LAW
Customer reply replied 2 years ago
MY PHONE NUMBER IS(###) ###-####THANK YOU
Real Estate Lawyer: Barrister, Lawyer replied 2 years ago
You are very welcome. Glad to help any time.. Having dealt with developers during my career, I can tell you that they will walk all over landowners if they don't stand up and fight them. They think that their big money will let them do anything they want...
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I am sorry, but I can’t engage in a private one on one phone call as that could imply an attorney-client relationship which I am prohibited from entering into under my independent contractor agreement with JustAnswer.
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thanks
Barrister
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Customer reply replied 2 years ago
I UNDERSTAND BUT THANK YOU AGAIN FOR ALL YOUR HELP .AT LEAST I HAVE AN IDEA OF HOW TO PROCEDE. I WILL KEEP YOUR NAME ON FIL;E THE NEXT TIME I NEED HELP .
Real Estate Lawyer: Barrister, Lawyer replied 2 years ago
You are very welcome. I can always work with customers on JustAnswer's public site so if you needed my help in the future, you can just po a tenant a question and put "For Barrister " in the caption and the folks at JustAnswer will get it to me.
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Thanks
Barrister
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Barrister
Barrister
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Category: Real Estate Law
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Experience: 17 years real estate, Realtor. Landlord 26 years

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