Phenix City, AL asked in Real Estate Law for Alabama

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

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2 Lawyer Answers
Anthony M. Avery
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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.

James Blount Griffin and Paul Burkett agree with this answer

James Blount Griffin
James Blount Griffin
  • Madison, AL
  • Licensed in Alabama

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.

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