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There is a marsh area between our home and our neighbor. He…

Customer Question
There is a marsh...

There is a marsh area between our home and our neighbor. He filled in half of the marsh to keep it from flooding his property. Now all the ground water is flowing into our back yard and into the space under our home. Also the city closed up two man holes because they didn't want the marsh water going into the city sewer. We have approached the city at two of their meetings and we were informed they would not our could do anything. My husband is 83 and I am 77 and we would like to sell our home in the future. We feel that with this water problem our home would not be sellable. The marsh did not flood our yard until our neighbor and city did those thing to the marsh.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

We are on the Confederated Salish & Kootenai Tribe Reservation and we have spoken to the Shoreline Protection Office. The officer came out and looked at our situation and he suggested be put in a French ditch or a horizontal bore. He gave us form 87A(ALCO) to fill out but the city will not fill our or help us fill out the form. The only other paper work we have done is sent letters and attended the meetings of the Ronan City Council. Can we do this work our selves without the permission of the city? They more or less told my husband and my son in law at the last meeting that they would not do anything about the problem but they would not stand in our way. We are very uncomfortable with that comment. We have been in this for 23 years and we did not have this problem until half of the marsh was filled and the manholes covered.

Lawyer's Assistant: Where is the home located?

In Ronan, Montana just behind the city park which has Spring Creek running in the park just behind our property. It was suggested we divert the marsh water to the creek.

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

Last year we put a pump in the marsh with a hose that went into the creek and no one said a thing about it. When we started doing that this year just as the water was beginning to gather, someone took the pump and the hose.

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 42 minutes by:
3/22/2018
Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,905
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified

Welcome and thank you for your question. I will be the professional that will be assisting you. You have an action against the neighbor for any and all damages that you have sustained as well as having a court order the neighbor to stop causing damages to your property.

I would never be comfortable doing any work without a permit, especially when you are not the cause of the damages.

Would you like a link for local Attorneys that provide FREE consultations that can assist you with this very serious issue?

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Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago

Would you like a link for local Attorneys that provide FREE consultations in your area?

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