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

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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
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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: 32,268
Experience: JA Mentor
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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.

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Lucy, Esq.
Lucy, Esq.
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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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