OT: Any lawyers out there? Specifically real estate?

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CarGuru > Open discussion > OT: Any lawyers out there? Specifically real estate? 7 May 2005 07:30:07

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OT: Any lawyers out there? Specifically real estate?
Studeman 6 May 2005 19:44:52
	I'm having a problem with the NC DOT. They have an "easment" across my side yard- to allow for road drainage of rainwater etc... Anyway, it goes the entire length of my side yard- about 90'. When my home was built, they put in landscape fabric, and rock (rip/rap is the southern term)to flow the water into my backyard, keeping it away from the house. The lower section where my yard levels out (and house is), has filled in with sediment over the years, and the water no longer flows in the easement, but through my side-yard and against my house.. It will leak into my basement during hurricanes/heavy rain. I've had water in the basement 3-times since last September (when I started calling them). I've had significant damage done, including having to tear out walls, and replace carpet/furniture. They finally came out a week ago... to look at it. Of course, they send some stupid "supervisor" who comes out and says .. "We're only responsible for 30' from the center of the road...the rest is your problem." He actually got out a tape measure and pointed to the EXACT spot! Big feaking deal... How can they take the drain water from 9 homes and the road, and divert it across my property... and only be responsible for 10' of it? When the house was 10 years old, they came back and redid the easement's entire length..(on their own, I didn't call them) But they refuse to come back and do it again- saying it's no longer their responsibility Anyone know where I can go to look into this? I just need to be pointed in the right direction ... Ray <---- venting.. hurricane season will be here soon...
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Guest 7 May 2005 00:48:56 [ permanent link ]
	Hello Ray Toooo Bad we are not in SB today. Have ya got a copy of the easement agreement? It may answer some of your questions on maintenance of the drainage ditch. cya, pwb
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Studeman 7 May 2005 01:25:27 [ permanent link ]
	perbro6@cs.com wrote: Have ya got a copy of the easement agreement?> It may answer some of your questions on maintenance of the drainage> ditch. Perry, I've been trying to find out just that. I have called the County Registrar of deeds. He has pulled the Deed and the Plat for our property. There is no easement shown on either. This doesn't necessarily mean there isn't one- just that the county does not show one in their records. I have called the developer of our sub-division, but their records only go back 5-years. But I will call again Monday, as the owner will be back, and may know where I can find out if there ever was an easement. Here's another question: IF the state/developer never signed an easement agreement to flow road/storm drain run-off across my property, and yet they have built a catch-basin that PURPOSEFULLY runs the drainage onto my property... are they responsible for any damages said run-off causes? Here's a synopsis of my dilema: "someone" built a drainage ditch and rock when the house was built (I think it was the NC DOT)... "someone" came back within 10 years and totally rebuilt the drainage system (I think it was the NC DOT)... It's been 10 years- and needs redone again, stormwater is flooding my basement, and causing damage- Who's supposed to do it? Ray
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--Shiva-- 7 May 2005 05:29:41 [ permanent link ]
	On Fri, 06 May 2005 21:25:27 GMT, you wrote: . He has pulled the Deed and the Plat for our >property. There is no easement shown on either. This doesn't necessarily >mean there isn't one- just that the county does not show one in their >records. if (using MY state) its a RECORDED subdivision, THERE IS RECORDS.. they 'cannot cease' 5 years back.. you want the ORIGINAL PLAT, that was approved and recorded for the subdivision, not just your lot.. --Shiva--
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--Shiva-- 7 May 2005 05:30:33 [ permanent link ]
	On Fri, 06 May 2005 15:44:52 GMT, you wrote: I'm having a problem with the NC DOT. plus, since this is a DOT matter.. then there should be a record in some STATE office.. --Shiva--
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Studeman 7 May 2005 05:38:00 [ permanent link ]
	Thanks Shiva, They pulled the plat for my home, but not the whole subdivision.. I'll have the county agent check again. He's been very nice to work with.. Ray --Shiva-- wrote:> On Fri, 06 May 2005 21:25:27 GMT, you wrote:> . He has pulled the Deed and the Plat for our >>property. There is no easement shown on either. This doesn't necessarily >>mean there isn't one- just that the county does not show one in their >>records.> if (using MY state) its a RECORDED subdivision, THERE IS> RECORDS..> they 'cannot cease' 5 years back..> you want the ORIGINAL PLAT, that was approved and recorded for> the subdivision, not just your lot..> --Shiva-- >
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--Shiva-- 7 May 2005 06:48:38 [ permanent link ]
	On Sat, 07 May 2005 01:38:00 GMT, you wrote: Thanks Shiva,>They pulled the plat for my home, but not the whole subdivision.. I'll >have the county agent check again. He's been very nice to work with..> Ray I was 'planning and zoning chairman for 3 years.. for a city.. twas interesting.. the PLAT map shows the right of ways, whereas the lot maps may not.. BUT, it SHOULD BE in the 'legal description..would be listed as EXCEPT FOR _______ if its NOT-then find a GOOD real estate lawyer and go 'suing hunting' I would, if there is NO proof of the right of way, 'ask for the value of the house' right off, AND any 'extra $' due to getting a similar in another neighborhood. my neighbors house broke a water line and put 20" in the basement, the damage was $45,000 rugs, walls, books, and cleanup and de mold. --Shiva--
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Guest 7 May 2005 06:50:52 [ permanent link ]
	Ray Does any of the local TV stations in your area have a advocate on the news team? In the area we have a ton, Shame On You, 5 on Your ide UPN Go-Getters etc. etc. Call the local TV station, probably the larger of the independants. Explain your situation, I would say there is chance City Halll willl be out there with in the week cleaning up the mess. Bill
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Studeman 7 May 2005 07:30:07 [ permanent link ]
	It's the North Carolina DOT that I'm having the problem with. I'm getting good feedback from the County. They call me back (usually same-day).. and have been helpful in looking things up. The problem is- they can't find any documents that say there is an easement across my property. What does the LAW say about redirecting water onto private property "without" permission...? Even by a State Agency? Ray bondobill1@aol.com wrote: Does any of the local TV stations in your area have a advocate on the> news team? In the area we have a ton, Shame On You, 5 on Your ide> UPN Go-Getters etc. etc.> Call the local TV station, probably the larger of the independants.> Explain your situation, I would say there is chance City Halll willl> be out there with in the week cleaning up the mess.> Bill
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CarGuru > Open discussion > OT: Any lawyers out there? Specifically real estate? 7 May 2005 07:30:07

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OT: Any lawyers out there? Specifically real estate?

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