Mar 31, 2017 · Posted on Apr 5, 2017. I agree with Mr. Kelly. If the neighbor came onto your property and took material it is theft and trespass. The question will be how much damage he caused and that will require evidence. Try Avvo Advisor at instant.avvo.com if you want to speak directly with myself or another attorney right away.
Do Not Sell My Personal Information. 7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2021-10-25_10-02-22. When water causes property damage -- flooded basements, collapsing retaining walls, or soggy gardens, for example -- feuds between neighbors often result. But the legal issues can be as muddy as the mess in your backyard.
May 23, 2016 · If you would like assistance regarding neighbor disputes, residential or commercial transactions, potential litigation, HOA issues, estate planning or other legal matters, please call our office at 602.957.9810 and arrange for an initial consultation with one of our real estate attorneys. Posted in Easement & Other Neighbor Disputes ...
If the negligence of a neighbor causes water damage to a person’s property, the person can sue the neighbor for damages for the harm to their property caused by the water event. The person could recover money damages to compensate for the following items: Cost of Repair or Replacement: The cost of repairing or replacing the damaged property ...
A: The owner of the property that the retaining wall is located on is responsible for the retaining wall. If the retaining wall was a structural requirement of the lot grading, the location will likely be shown on the approved lot grading plan.
Generally speaking, if a fence or retaining wall is on your neighbour's side of the property line, then they're responsible for paying for it.
The owner who benefits from the wall, regardless of which side of the boundary it is on, is responsible for its upkeep. Even if the wall had been built with boundary position 2 (on the neighbor's land) in Example 4, owner B would be accountable for it.
One is called the "common enemy rule." Under this rule, drainage water is regarded as an enemy common to all landowners. The law allows every owner to take any measure to protect property, regardless of the consequences to other neighbors. Natural Flow or Civil Law Rule.
2. Who is responsible for a retaining wall? Unless the title deeds make specific reference to responsibility for a wall, it is generally accepted that the person whose land is retained by the wall is responsible for its repair and maintenance.Nov 19, 2017
Since 2008, under amendments to the Dividing Fences Act 1991 (NSW) section 3, an adjoining owner can seek a contribution for the carrying out of work to a retaining wall where the wall is necessary for the support and maintenance of a dividing fence.
Unless an exemption applies, a QBCC contractor's licence is required to carry out or undertake to carry out the construction, erection, renovation, alteration, extension, improvement or repair of a retaining wall if the value of the work exceeds $3,300 (including the cost of materials).
The distance varies by the state or city you live in. Some places allow the wall to be built 2 feet away from a boundary. Others may require it to be 3 feet away from the boundary, and still, others will allow the wall to be built right on the line.Sep 15, 2021
In Victoria, retaining walls up to 1m in height that are not associated with building works may not need a Building Permit. If the retaining wall is associated with the construction then it has to be included on the Building Permit regardless of the height. If unsure, it's always best to contact us for clarification.
Water Damage Caused by Carelessness If your neighbor acts unreasonably or carelessly with water on his own property in a way that causes water damage to your property, you can sue for compensation for your losses and also ask the court to order the neighbor to stop the action.
What should I do if my neighbour has damaged my property? Start by talking to your neighbour. It's important to do this as soon as you notice the damage, otherwise it could get worse and the repair bill become more expensive. You can ask your neighbour if they'll pay for the damage up front.Jan 9, 2020
Sewers and lateral drains connected to the public network used to be the responsibility of the property owner; however, due to new Government legislation (effective as of 2011) sewers are now maintained by local water companies.
If your neighbor acts unreasonably or carelessly with water on his own property in a way that causes water damage to your property, you can sue for compensation for your losses and also ask the court to order the neighbor to stop the action.
Just as property owners are responsible for damage caused by their broken pipes, tree owners may be responsible for damage caused to another's property by their tree's branches or roots. (For more information, see Neighbor Disputes Over Trees .)
When water causes property damage -- flooded basements, collapsing retaining walls, or soggy gardens, for example -- feuds between neighbors often result. But the legal issues can be as muddy as the mess in your backyard.
As a general rule, a neighbor is not liable for harm caused by the natural conditions of land. If the land lies in such a way that a particular amount of water is dumped onto your backyard every year from rain running off your next-door neighbor's property, it's not legally your neighbor's fault.
A number of states follow a rule which is, in theory, the opposite of the common enemy rule. The civil law rule holds that if a person alters the natural flow of surface waters in any way that harms the use and enjoyment of another property, that person will be liable for that harm.
To determine if something is reasonable, a court may look at the following factors: the nature and importance of any improvements that were made by the culvert. whether or not the damage was reasonably foreseeable by the ones who made the changes, and. the extent of damage compared to the value of any improvements.
Unlike the common enemy rule, which requires lower landowners to fend for themselves, the civil law rule holds upper landowners liable for any detrimental changes in runoff patterns. Like the common enemy rule, however, states no longer apply this rule in its strictest form.
Medical bills or hospital bills if the damage also caused you physical injury. Punitive damages, if you can prove that your neighbor acted with malicious or criminal intent.
Usually a neighbor cannot be held responsible for property damage caused by runoff from naturally occurring rain and land conditions. However, if the water damage is caused by a neighbor’s actions or non-actions, this can present some difficulties. Since the flow of water is somewhat unpredictable, it can be difficult to determine ...
My question involves real estate located in the State of: Pennsylvania#N#Both my home and my neighbors home were built in the 1930s. My home has a large sloped front yard with a long retaining wall at the front of it. That stone wall is clearly indicated on a survey of the property as being mine.
I have a survey that shows my property ending at the end of my stone wall. The neighbors wall was original to the house being built. What are my rights here?#N#I was thinking of offering to pay a portion of the repair but I don't feel I am responsible for the entire thing or even half.#N#Any advice would really be appreciated.
I was thinking of offering to pay a portion of the repair but I don't feel I am responsible for the entire thing or even half.