Small Claims Court - Flooding Property -Think we have a case?

Question

We live on private property and have about 6 acre's, our neighbors built up thier yard with more than 100 truckloads of dirt and added a hill so put in a built in swimming pool. Our yard floods so bad, we added roughly 20 truckloads of dirt for a cost of $7,000 or so. He changed the flow of water so that all of his water dumps into our yard, which he refuses to fix...we can't build ours up because then we will dump water on our neighbor? Should we sue?

Answer 1

Yes, you can sue. In small claims court, however, the most you can get is 5,000 to 10,000, depending on the jurisdictional amount where you live. You could also sue them under nuisance law to get them to change the grading of their property. To do that, however, you will probably need to hire a lawyer and take them into a regular state court, i.e., not small claims.

Answer 2

Yes, if nothing else he will be required to change the water flow. Make sure you take pictures of the flooding and where the water runs from your neighbors property, as well as receipts for the dirt. Good Luck.

Answer 3

Check your zoning and housing regulations first. In most areas there is a clause that it is against code to redirect water from your property to someone else's. If that's in your regs, you have a great case. You might want to go to regular court instead of small-claims, though. With $7000 already out of pocket, and more expenses to come to permanently fix things, you are probably already over your state's small claims limit.

Answer 4

did your yard have standing water before he did his landscaping ?? did his yard flood during a big rain ?? I dony think you have a case , you will have to prove that it was infact his work that causes your yard to flood , and in all reality , it would be hard to prove that the only reason was his work , he cant controll what happens and how much rain will come down , he just has to say it rained more than normal or that your yard was too low , you have an enormus burden of proof to make and it is going to be a waste of time.

Answer 5

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Answer 6

Sure, you've got a good case...don't forget the amount of value your house lost because of the water problems....you probably couldn't sell it for half of what it was worth now. Your suit is huge...you might get enough to move into another house. A good lawyer will take the case on 'contigency' (no cost to you untill its settled).

Answer 7

sounds like you have all rights to sue him . put fist ask him to fix it if he dont do the papers at the courthouse it cost about 30 bucks here. ive been to small claims 2 times i won both times once i was taken . the other time i took someone . you shouldnt need a lawyer . let the judge do his job take lots of pics . at all angles.

Answer 8

you will have to get an engineer who will testified the man made changes by your neighbor is the cause of the run off onto your property then, find a lawyer but it will not be cheap to sue

Answer 9

Take it to the city planning department. The neighbours can't change the elevation of land because they want to. They would first have to submit changes to the committee in charge of permits for pools, etc. They should have bearing walls around perimetre.

Answer 10

First, a replica of the police record, to boot as any witnesses you will be able to might desire to the dealings with this customer. Any records bearing on the declare, estimates and so on additionally will set up your factor. Now from a legal point of view, warranties are available in 2 kinds, that are show and implied. An show guarantee is a assertion of what would be performed. "this could be mounted and it will final 5 years." Now an implied guarantee is plenty greater diffused, it often bargains with a accountability to apply ideal efforts to repair the wear and tear, to boot through fact the so stated as "Covenant of stable faith and honest Dealing," which quite potential which you are going to deal ethically with the customer. The criticism you gained ought to specify which type of guarantee she is claiming replaced into made. Your job would be to ascertain that no guarantee replaced into made as to the the ideal option facet of the vehicle, in easy terms the left. or maybe at that, it rather is greater of a consultant negligence allegation than it quite is a breach of guarantee declare through fact she is claiming that artwork promised replaced into no longer performed. A breach of guarantee declare might in easy terms arise if there replaced right into a difficulty with the artwork performed on the different facet of the vehicle. additionally, once you get to the listening to thoroughly assessment any estimates that she might have on the subject of her damages, to boot as any data she promises to help the declare that the artwork no longer performed replaced right into a.mandatory b. on the subject count of the unique collision.