Q: Neighbor installed new over flow pipe from his man made pond to go straight onto my land and it has cause lots of damage
I've tried looking up whom to contact without luck
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (865) 637-3035
- View Profile
- Answered
A: That is a difficult property tort. You need a witness as to damages. Keep looking until you hire a competent AL attorney to file suit.
Paul Burkett and James Blount Griffin agree with this answer
A: Such overflows are complicated because they involve both a "trespass" and a "nuisance." Sometimes they also violate a federal law or regulation. Trespass once was the more important tort; it is a major part of Anglo-American law (and the Lord's Prayer). It is the physical violation of the overflow. You will need an excellent expert witness re: causation and damages. Nuisance is a big part of American law today; it is based on how much trouble and destruction of value the overflow causes. It is easier to prove that there is a nuisance, and you can sometimes prove damages by showing the devaluation of your property since the nuisance began. Give me a call. I might know someone who could help you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
