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Question DetailsAsked on 3/17/2015

NEW slumlord just bought property next to me and is grading the land so water drains to my house

He never surveyed his property and pulled my survey pegs out and has cut down 5 black walnut trees from my property, when I approached him about this he said take me to court that he will fight and postpone till I am dead

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2 Answers

0
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He is half right.you will need to take him to court.if he removed the stakes he most likely will have to pay for thr re-survey.[if you can prove he did it].also you may have to prove that the water never drained to your house before.you may need the building inspector to come out and investage.when a house is completed it must have a final and water draining to your hiuse would not have passed.[potential whitness].you will need to spend some initial money.if you win,you will get it back plus compensation.if he is a tuff guy,as he sounds,you may also need a lawer.[and a survey with concreted in markers].moving stakes happened to me alot and i now cement them in.also another trick i acheived is that i put another steek marker next to it about a foot below grade.no one knows thats there and i can easily find with a 36 dollar metal detector.take many many pictures of what he is doing over there.call codes dept make sure he has a permit[if required],and that he isnt breaking code laws.also,[this is free]...call everybody from everywhere!sheriffs,groundwater control,dept of agriculture,wildlife recources,environomental agency[they are the bad ones for him],hazmat[if his equipment is leaking anything onto the ground],is he noisy and disturbing you? call the cops.you have nothing to loose and all these public servants have to respond promptly for free.they will hassle the hell out of him and maybee stop him if he is doing something wrong.take pics and keep a diary of every move he makes every day[hour]and pics of the water flow during a hard rain.also he cant postpone forever.if he is in violation of anything,the law will stop him.as far as your trees and your damages,thats civil and with a decent lawer,he will not be able to pull the postpone threat.maybee a couple years but you could get thousands.just make sure he has money.do some research.tax info etc.realestate,facebook etc.its free.

Answered 4 years ago by joecapinski1

0
Votes

You missed an opportunity here - as soon as he disturbed survey markers he was in violation of the law and you should have complained to the building department - they have authority to stop work on his project if he is infringing on adjacent property without permission. And when he cut the trees (assuming you were sure they were yours) you should have called the police and filed a formal complaint, though you would probably have had to hire a surveyor to prove they were on your land. Not doing osassoon as it was discovered weakened your case against him.


The drainage issue may also be in violation of his permit - or you can file a complaint with the planning and zoning board (or possibly building department, depending on jurisdiction) if he is concentrating his runoff onto your property- that is unlawful.


The other comment is right though - since he is thumbing his nose at you, you need a lawyer experienced in real property disputes, ASAP. And document with photos and eyewitness statements as possible.

Answered 4 years ago by LCD




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