Real Estate Law

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

Ask a Lawyer,
Get an Answer ASAP!

A property owner next to mine has dumped fill dirt on my…

Customer Question
A property owner next to...
A property owner next to mine has dumped fill dirt on my property. He has also filled his property to an illegal height. What can I do?
Submitted: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 7 minutes by:
2/1/2016
Real Estate Lawyer: Lucy, Esq., Lawyer replied 2 years ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,264
Experience: JA Mentor
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

The city may be able to come out and fine your neighbor for the illegal height to the property. However, if he's creating a danger of your property flooding as a result of his changes, then you have the ability to file a lawsuit for nuisance. A nuisance is when someone interferes with someone else's use and enjoyment of their property. The judge can order him to put the land back the way it was before and pay you for any damage that occurs to your property before it's fixed.

Dumping dirt on your property is a trespass. A judge can order him to pay the costs of removing the dirt AND order him to pay punitive damages in an amount high enough that he'll think twice before doing this again.

If you'd prefer to avoid going to court, a local attorney may be able to help send a demand letter to see if you can work things out without a lawsuit. A local attorney can also help you prepare a Complaint if you decide to sue. These types of cases are usually brought in a land court, if your area has one, or a district court, rather than Small Claims. A law library in your area should have books that show what a Complaint might look like, if you prefer to draft it yourself (most courts won't have forms for this type of thing).

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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 Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,264
32,264 Satisfied Customers
Experience: JA Mentor

Lucy, Esq. 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

4,925 satisfied customers

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

< Previous | Next >

Related Real Estate Law Questions
can my neighbor legally paint cars in a residential area 80
can my neighbor legally paint cars in a residential area 80 feet from my front window.… read more
Ely
Ely
Counselor at Law
Juris Doctor
4,925 satisfied customers
I just need to know where to find statute on dispute re:
I just need to know where to find statute on dispute re: tree limbs and roots growing over property line. Whose responsibility to trim, remove living tree and roots… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I live in San Diego, Ca. My neighbor planted some trees right
I live in San Diego, Ca. My neighbor planted some trees right next to my driveway around 20 years ago. I replaced my driveway around 15 years ago with pavers. The roots from my neightbors trees have c… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I live in CA. My neighbor complained to me about tree roots
I live in CA. My neighbor complained to me about tree roots on their property from a tree on my property, but there was no damage. What should I do? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Can I get evicted because my landlords say I am a nuisance?
can I get evicted because my landlords say I am a nuisance? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,162 satisfied customers
Our neighbors pine trees roots have caused damage to our
Our neighbors pine trees roots have caused damage to our pool and concrete decking. This has been substantiated by their insurance comanpany's arborist's report. However, the insurance company is deny… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Damaged tree limb over neighbor's property. Large tree is
Damaged tree limb over neighbor's property.Large tree is located on Client's property in New Jersey. Recent storm damaged large tree limb that hangs over neighbor's property and is at risk of falling … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a neighbor who had 2 pounds put on his property and
I have a neighbor who had 2 pounds put on his property and they drain into a surface road drainage vice ditch and is coming on our property causing a mucky mess that the cattle have difficulty walking… read more
LegalGems
LegalGems
Juris Doctorate
12,221 satisfied customers
1.The roots from my Pine trees have damaged my neighbors
1.The roots from my Pine trees have damaged my neighbors sprinkler line am I responsable to pay for the repair ($600.00) 2. He wants to cut the main root from the tree ( 3 ft away) If t comprises the … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
My neighbor wants to replace a shared wall just for
Hi, my neighbor wants to replace a shared wall just for aesthetics because he's rebuilding his house. When I refused to pay for this wall and also refused to sign off on the new design which changes t… read more
Lori
Lori
Juris Doctor
1,553 satisfied customers
My shed has been damaged by one of the 10 large spruce trees
My shed has been damaged by one of the 10 large spruce trees (some are 70 feet tall) on my neighbor's property (along the property line) that broke off during the March 2 storm. I have notified the ne… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Can we sue neighbors for emotional damages, defamation of
Can we sue neighbors for emotional damages, defamation of character and Loss of finances because of their loud noise? The downstairs neighbors are always screaming and yelling, cursing at their child,… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,896 satisfied customers
When a neighbor tree fall and cause damage to my property,
When a neighbor tree fall and cause damage to my property, whose insurance is responsible for repairs? … read more
LegalGems
LegalGems
Juris Doctorate
12,221 satisfied customers
My neighbors trees and bushes have damaged my driveway and
My neighbors trees and bushes have damaged my driveway and the homeowner insureance doesn't cover the damages what are my options? I'm pretty sure that she doesn't have any homeowners insurance.… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I need atty to sue nuisance neighbor. city has not enforced
i need atty to sue nuisance neighbor. city has not enforced code violations against neighbor for 6 years. neighbor has trashed property, hobos living in cars, no electricity or bathroom for bums livin… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,025 satisfied customers
Several neighbors and I received damage on our property from
Several neighbors and I received damage on our property from a city water main break. My direct neighbor received immediate compensation, another house was purchased by the city but I have received no… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
Neighbor's tree fell on my garage - damage is moderate -
Neighbor's tree fell on my garage - damage is moderate - tree was old and dead for quite sometime - I I know I never sent a formal documented complaint was sent to neighbor - maybe another neighbor or… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,025 satisfied customers
My next door installed a 15 culvert in his backyard. The water
My next door installed a 15' culvert in his backyard. The water is collected from his property as well as the neighbor next door to him. He elevated his property when he installed this pipe. Prior to … read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 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