Real Estate Law
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Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
The rule is that you can be held liable for damage to an adjacent property due to any change you make in the natural flow or runoff.
So, if the dirt you piled is causing damage to their property, they may, indeed have a claim.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
If the current owner has changed the drainage to flow across your land then you can exercise the same right.
It has to do with natural flow.
You can still talk with the new owners and see if you can reach a compromise.
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Posted in error.