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Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 34398
Experience:  30 years of real estate practice experience.
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I have a problem with a neighbor sewer water running on my

Customer Question

I have a problem with a neighbor sewer water running on my property and the health department have not done anything about it
JA: Is there an easement or public access on the property line?
Customer: no
JA: Where is the property located?
Customer: in stringer mm 39481 and I have picture
JA: Anything else you want the lawyer to know before I connect you?
Customer: the neighbor have already been to court before the healthdepartment was not present at the time the neighbor put the object down it is nnot a proper tank and it isabout 25 or 30 feet from my front door
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Loren replied 2 months ago.

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I appreciate your patience as I review your question. I will post my response shortly.

Be aware, however, this is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. There is no obligation for you to accept the phone call offer, unless you want. While I am happy to speak to you, if you wish, I am also happy to continue online. So, there is no pressure to spend extra money.

Expert:  Loren replied 2 months ago.

What you describe is a basis for a claim of nuisance. Anything causing a flow of water or anything else from a neighbor's property to yours is a nuisance.

If you make a demand for the neighbor to move the tank and line and they refuse then you will need to sue them for the nuisance. The court can order the removal of the tank, remediation and money damages.

You may want an attorney to write the demand letter and represent you in court, if necessary.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

MARTINDALE HUBBLE

It is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.

Expert:  Loren replied 2 months ago.

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Thank you!