Real Estate Law

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

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I have a problem with an unreasonable neighbor, that lives…

I have a problem with...
I have a problem with an unreasonable neighbor, that lives directly behind us. He has an obvious water leak in his backyard, which is either in his sprinkler system line or another water line. There is a retaining wall with a fence on top of it, that separates our backyard from his backyard. Water has been leaking continuously into our backyard from his yard, for about the past 2 - 3 months, in the same area of his yard.
There are drain holes in the retaining wall spaced about 5’ - 6’ apart down the wall, and the water is continuously leaking out of one of these drain holes, and water even sometimes is running over the wall in this same area. There is a 4’ X 6’ area directly below this one drain hole where the water pours out, which stays soaking wet and is now basically a mud pit. We have a kids swing set with a mulch bed in that area of our backyard, and I’m concerned that it is going to become a health hazard, due to the constant mud which never dries out, and even has some fungus growing in the mulch now. I saw this neighbor tonight and let him know that it looks like he has some type of water leak in his backyard. His response was “no I don’t”. Then when I tried to explain why it appears that he has a leak, his next response was “whatever!”.To give you some background on what kind of person that we are dealing with...
This same neighbor also had climbed over our backyard fence several years ago, and started banging nails into our shared fence, from inside our backyard. Then, he also recently climbed over a section of this same shared backyard fence, into my next door neighbor’s backyard. This section of the shared backyard fence extends past my side fence line and is directly behind my next door neighbor’s backyard. He climbed over the backyard fence and started taking fence boards off of the shared fence and replacing some of the boards. When my neighbor saw him in her backyard, she went outside and asked him what in the world he was doing in her backyard, he told her that the retaining wall and the backyard shared fence is actually only on his property, so he can do whatever he wants to on either side of the fence and retaining wall. My neighbor told me that this is the second time he climbed their fence and went in her backyard. The first time that he climbed it into her backyard, she evidently caught him in her backyard adjusting her outside security light that is mounted on her wall by her back patio. She told him that if she caught him in her backyard again, she would either call the police, and that he was lucky that he didn’t get shot, climbing over her fence to adjust the outdoor security light on her house.Any thoughts about where I should start, to attempt to get him to have someone diagnose and repair the water leak in his backyard, that continues to flood our yard? His response to me tonight, when I let him know that it looks like he has a water leak in his backyard, was crazy, by saying “no I don’t” and “whatever”.Thanks for your help.
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 5 minutes by:
11/26/2017
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,901
Experience: Texas Attorney for 30 years dealing in real estate
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Ask Your Own Real Estate Law Question

Call the city here if you are within city and have water company come inspect it.It may be unpermitted, see if you can get the city or county on his case.It is a potential health hazard.Likely he is intentionally doing this. You may also want to see if the police can help here.You have to keep trying to get someone to get this repaired or you consider a lawyer to sue here.This is a private encroachment and is damaging to your property.If you sue him his homeowners may offer to pay and settle.Your lawyer can try a demand letter with threat to sue in unresolved.

These are your next steps to resolve this.If it makes you feel better I have some neighbors like this.It is so frustrating.I am so sorry you are having to deal with this.

I appreciate the chance to help you tonight.Thanks again.

If you can positive rate 5 stars it is much appreciated.

Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,901
Experience: Texas Attorney for 30 years dealing in real estate
Verified
Ray and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 months ago
Thanks for your help. Which city department would you recommend that I contact? Thanks

I would start with city water department about the leak and then the health department because there is a potential health issue.Good luck here and thanks again.

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 Ray Your Own Question
Ray
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,901
48,901 Satisfied Customers
Experience: Texas Attorney for 30 years dealing in real estate

Ray 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:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

48,901 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 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

4,998 satisfied customers

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

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
Only: I'm opening a new question pertaining to the same
For Irwin Law Only:Hello, I'm opening a new question pertaining to the same issue, with some new information. I have written confirmation that the previous owners of our back neighbor's house installe… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,185 satisfied customers
I have a swimming pool that was installed years before I
I have a swimming pool that was installed years before I purchased my home. During hurricane Katrina my neighbors house flooded. Most every house in our neighborhood flooded as well as my own. After K… read more
Maverick
Maverick
Doctoral Degree
6,342 satisfied customers
I am being harassed by a neighbor down the block from me. I
I am being harassed by a neighbor down the block from me. I reside in Yonkers and my mom and I are caring for my ailing dad. On May, I asked this harassing neighbor to remove his leashed dog from my f… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
It appears that my neighbor behind me, has a sewer line leak
It appears that my neighbor behind me, has a sewer line leak and a water or irrigation leak, that has been draining into our backyard. There is a retaining wall between our yards with a 3 1/2 drop on … read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
We are doing work in our backyard, which will include a 6 feet
We are doing work in our backyard, which will include a 6 feet tall concrete wall between our property and the back neighbor. At the moment we agreed to place the wall directly on the property line. 4… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
Our property is up hill from our neighbor. The previous owner
Our property is up hill from our neighbor. The previous owner built a retaining wall and leveled out our yard. The old yard used to slope down towards the neighbor. I assume rain water must have run d… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
Hi Andy, Background: I have an issue regarding a retaining
Hi Andy, Background: I have an issue regarding a retaining wall and fence. I am at a lower elevation to my recent new neighbor of who took over the property about a year ago. In the rains in late Marc… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Hello...... I live in Brooklyn, New York. I own a two family
Hello...... I live in Brooklyn, New York. I own a two family house semi detached. Ever since my neighbor sold their house, the new owner refuses to pay half of our backyard fence which came down when … read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
My neighborhood is built on a grade. The neighbor to the wests
My neighborhood is built on a grade. The neighbor to the west's backyard and my backyard are separated by a chain link fence. My backyard is flat, his has a slope and is 8 feet below me. The fence sep… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,365 satisfied customers
I live in a subdivision. I have 2 storm drainage on my lot.
I live in a subdivision. I have 2 storm drainage on my lot. Upon purchasing the property, builder suggested that as long as the drainage system were not inside o my fence. HOA will be responsible for … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
I own a property in the city of Atlanta, Georgia (Fulton
Hello, I own a property in the city of Atlanta, Georgia (Fulton County). The house was built back in the 1940's and standing water collects in my backyard and has been getting into my crawl space. We … read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 satisfied customers
We live in a HOA development. Four years ago our Board tried
We live in a HOA development. Four years ago our Board tried to give our neighbor common area land infront of our view. The Board and our neighbor fought us for months and finally gave up. Then the ne… read more
evanesq
evanesq
Managing Attorney
Doctoral Degree
6 satisfied customers
My builder set my home to be modified zero lot line home 20
My builder set my home to be modified zero lot line home 20 yrs ago. The west side of my home backed to my neighbor's yard which is my easement. My property line is about 8 feet away from my wall ther… read more
socrateaser
socrateaser
1,031 satisfied customers
A neighbor whose property is uphill from us constantly drains
A neighbor whose property is uphill from us constantly drains his swimming pool directly into our yard. He does not even attempt to drain away from us and says it is his legal right even thought he is… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers
A neighbor down the street built an earthen dam that has greatly
A neighbor down the street built an earthen dam that has greatly slowed the draining of water off our land. This hasn't been a problem until recently when we've had excessive rain over a several month… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
I live in a neighboorhood where the flow of water flows downward
I live in a neighboorhood where the flow of water flows downward to a city dug ditch for drainage. We have dug in a very small area of our home to hlep the water from the rain not go into our garage w… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
We live in NC, and our backyard neighbor installed a french
We live in NC, and our backyard neighbor installed a french drain system around their pool. All of the rainwater collected in this drain is funneled through a PVC pipe that juts through their fence in… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
My neighbor tore down the fence last year and rebuilt a new
My neighbor tore down the fence last year and rebuilt a new fence. He asked us at the time to share the cost of the middle fence with him ($1100). At the time, we didn''t have the budget, so we told h… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,463 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