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I have a neighbor who had 2 pounds put on his property and…

I have a neighbor...

I have a neighbor who had 2 pounds put on his property and they drain into a surface road drainage vice ditch and is coming on our property causing a mucky mess that the cattle have difficulty walking through and of course the pasture has be ruined

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

What can I do

Lawyer's Assistant: Where is the property located?

No, I did speak with someone in Environmental Quality however I have had no response and its be several weeks

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

The person who owned the land just sold it

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Answered in 2 minutes by:
5/19/2018
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 14,595
Experience: Just Answer consultant at Self employed
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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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I am sorry to hear this;

what state is this in please?

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Customer reply replied 4 months ago
Virginia, in Bedford County

Thank you;

so essentially each landowner is free to do with their land as they see fit so long as they don't interfere with their neighbor's use and enjoyment of their land.
So if a person alters the land (for example, to divert surface water, etc) and that causes damage to the neighbor's, the neighbor may sue for damages.

This can be done based on 2 common law theories:

1. trespass - a physical overstepping onto someone's property or causing something to do so

2. nuisance- a noise, odor or condition that a reasonable person would find offensive.

The affected owner may sue for:

1. an injunction to cease and desist the action causing the problem

2. monetary damages- so the cost to repair the grounds to their original condition

-including actual damages such as vet bills, for example, related to the situation

3. attorney fees

4. if the party was reckless/malicious, then punitive damages may be awarded to discourage such behavior/misconduct in the future.

The person that created the situation can be held liable and the person that is the current owner may be liable as well if they allowed the condition to continue.

Further questions please post here.

If no further questions kindly rate positively so the site credits me for my time.

The above information is for educational purposes only; if one seeks legal advice please contact the local bar association for a referral to a licensed attorney in your area that is able to review your case in a private, confidential setting and will be able to tailor advise specific to your situation.

legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 14,595
Experience: Just Answer consultant at Self employed
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legalgems and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 4 months ago
will the new owner be responsible as well

Only for actions/damages from the date of purchase going forward; not for past damages.

Then they may sue the prior owner for failing to disclose, if the prior owner knew or should have known of the issue.

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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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