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My Well was contaminated by neighbor who put septic tank to…

Customer Question
My Well was contaminated...

My Well was contaminated by neighbor who put septic tank to close to my Well and county actualy ok their septic tank permit they used schedule 40 pvc pipe for their leach line

Lawyer's Assistant: Has any paperwork been filed?

Yes had physical problems with Family, county tested well found fecal particulates so high their testing equipment could not regester and found other toxic chemical in water said pregnate women could suffer loss of life also small children

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

That is all

Submitted: 9 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
11/27/2017
Real Estate Lawyer: legalgems, Arbitrator replied 9 months ago
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 14,581
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Real Estate Lawyer: legalgems, Arbitrator replied 9 months ago

I am terribly sorry to hear your water supply has been contaminated; was the pvc in line with the county codes? Also what state is this please?

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Customer reply replied 9 months ago
No they used sprinkler pvc was about50ft not a leach line, legal is100 and this is Californiaft
Customer reply replied 9 months ago
The inspetor came and told them they needed to remove septic, place in legal distance they did but coverd it up before county inspector made final ok on permit pass or fail
Customer reply replied 9 months ago
Brother and mother have sufferd limb loss do to infection from useing water
Customer reply replied 9 months ago
Well is a total loss
Real Estate Lawyer: legalgems, Arbitrator replied 9 months ago

Thank you;

I am sorry to hear there was loss of limb from this.

So essentially a party can sue a neighboring party for both nuisance and trespass if their conduct causes harm to the property of another.

Under both causes of actions, the court may allow recovery for the following:

actual damages such as digging a new well

attorney fees

any medical expenses resulting from the case, as well as pain and suffering and loss of quality of life.

Furthermore the court can order punitive damages if the court finds that the person acted with intentional recklessness or malice.

Normally a county inspector will not issue a permit if they can't do an inspection.

Any permit or code violations will help prove negligence

One moment please.

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Real Estate Lawyer: legalgems, Arbitrator replied 9 months ago

Statute regarding nuisance:

CIVIL CODE - CIV

DIVISION 4. GENERAL PROVISIONS [3274 - 9566]

( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. )

PART 3. NUISANCE [3479 - 3508.2]

( Part 3 enacted 1872. )

TITLE 1. GENERAL PRINCIPLES [3479 - 3486.5]

( Title 1 enacted 1872. )

3479.

Anything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a nuisance.

Please see page 161 here for a complete analysis provided by the court.

It is important to hire a personal injury/property law attorney as soon as possible because of the statute of limitations which allows a certain time frame in which the plaintiff must sue.

The statute of limitations is 2 to 3 years, depending on the underlying facts.

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Real Estate Lawyer: legalgems, Arbitrator replied 9 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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