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I have a problem with a neighbor sewer water running on my…

Customer Question
I have a problem...

I have a problem with a neighbor sewer water running on my property and the health department have not done anything about it

Lawyer's Assistant: Is there an easement or public access on the property line?

No

Lawyer's Assistant: Where is the property located?

In stringer mm 39481 and I have picture

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

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: 6 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
7/31/2017
Real Estate Lawyer: Loren, Lawyer replied 6 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 36,296
Experience: 30 years of real estate practice experience.
Verified

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.

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Real Estate Lawyer: Loren, Lawyer replied 6 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.

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Real Estate Lawyer: Loren, Lawyer replied 6 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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Loren
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 36,296
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Experience: 30 years of real estate practice experience.

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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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