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Started By
Message
OT lawyers... question about real estate law
Posted on 5/20/16 at 8:26 pm
Posted on 5/20/16 at 8:26 pm
long story short, my backyard isn't graded to where the water in the backyard flows away from the house... it basically pools right off the back patio, and stays wet for weeks after raining....
my question is, are builders required by law to have the water drain away from the house? i got some estimates of what it would take to get some drainage, and it's like $4K... but if they are liable for it, i'm not trying to pay for it...
i keep getting the run around, but would like to play the "lawyer" card if need be, but i want to make damn sure that if i do, i know what i'm talking about...
my question is, are builders required by law to have the water drain away from the house? i got some estimates of what it would take to get some drainage, and it's like $4K... but if they are liable for it, i'm not trying to pay for it...
i keep getting the run around, but would like to play the "lawyer" card if need be, but i want to make damn sure that if i do, i know what i'm talking about...
19
Posted on 5/20/16 at 8:27 pm to chRxis
My advice: ask a real lawyer in real life.
Posted on 5/20/16 at 8:29 pm to Breesus
quote:
My advice: ask a real lawyer in real life.
will do Monday morning, regardless, but just very curious...
Posted on 5/20/16 at 8:29 pm to chRxis
You could at least tell us where on the planet you're located.
I never understand these posts looking for advice or recommendations that make us guess where.
I never understand these posts looking for advice or recommendations that make us guess where.
Posted on 5/20/16 at 8:30 pm to chRxis
I'm no lawyer, but for $4k you should just bite the bullet and pay for it yourself. Will save you a lot of money.
Posted on 5/20/16 at 8:34 pm to biglego
quote:
You could at least tell us where on the planet you're located.
Geismar, LA....
Posted on 5/20/16 at 8:35 pm to tom
quote:
you should just bite the bullet
why? if they are SUPPOSED to the the $4K of work and they didn't, why should I have to pay for them not doing their job?? frick that...
Posted on 5/20/16 at 8:38 pm to chRxis
Posted on 5/20/16 at 8:45 pm to chRxis
No lawyer and at first thought you wanted a freebie. But after reading further it would appear that it is the builder's job to create the lot to run off properly. Based on logic, it seems like they screwed up.
2009 Louisiana Civil Code :: CC 655 - Natural drainage.
CHAPTER 2--NATURAL SERVITUDES
Art. 655. Natural drainage.
An estate situated below is bound to receive the surface waters that flow naturally from an estate situated above unless an act of man has created the flow.
Acts 1977, No. 514, §1.
2009 Louisiana Civil Code :: CC 655 - Natural drainage.
CHAPTER 2--NATURAL SERVITUDES
Art. 655. Natural drainage.
An estate situated below is bound to receive the surface waters that flow naturally from an estate situated above unless an act of man has created the flow.
Acts 1977, No. 514, §1.
Posted on 5/20/16 at 8:55 pm to chRxis
Is it new construction ???
Posted on 5/20/16 at 8:57 pm to liz18lsu
quote:
Art. 655. Natural drainage.
That's not what that means. At all.
If there's any claim at all, you'd be looking at something like a warranty issue.
This post was edited on 5/20/16 at 9:01 pm
Posted on 5/20/16 at 8:57 pm to Jizzamo311
quote:
Is it new construction ???
yes... they finished it in October, but we've been battling with this for 7 months now... their solution was to dig a trench that went through the gate on my fence, which makes the gate unusable.... told them this is not gonna cut it, plus it's not doing shite for the standing water anyway...
This post was edited on 5/20/16 at 9:01 pm
Posted on 5/20/16 at 9:00 pm to chRxis
quote:
the water in the backyard flows away from the house... it basically pools right off the back patio, and stays wet for weeks after raining....
Leave Lousiana
Posted on 5/20/16 at 9:01 pm to chRxis
just build a swimming pool, or go swim in your natural pool every time it rains
Posted on 5/20/16 at 9:02 pm to gizmoflak
quote:
build a swimming pool
in due time, we plan on it, but for now, it would be nice to at least use the fricking back yard....
Posted on 5/20/16 at 9:07 pm to liz18lsu
This:
Does not mean this:
Like not even close.
quote:
CHAPTER 2--NATURAL SERVITUDES Art. 655. Natural drainage. An estate situated below is bound to receive the surface waters that flow naturally from an estate situated above unless an act of man has created the flow.
Does not mean this:
quote:
But after reading further it would appear that it is the builder's job to create the lot to run off properly. Based on logic, it seems like they screwed up.
Like not even close.
Posted on 5/20/16 at 9:09 pm to chRxis
OP, even if this is a new build, the builder is likely going to tell you that you inspected and approved the house when you bought it, so go kick rocks. It's not like this is something the you couldn't discover by visual inspection.
Posted on 5/20/16 at 9:09 pm to chRxis
Did you purchase this in a realtor transaction - a buyer seller deal with no realtor - or did you build the property?
Posted on 5/20/16 at 9:12 pm to chRxis
quote:
why? if they are SUPPOSED to the the $4K of work and they didn't, why should I have to pay for them not doing their job?? frick that..
Because you will have to pay a lawyer more than that to take your case and have a chance less than 100% of winning.
Posted on 5/20/16 at 9:14 pm to chRxis
get a few yards of dirt and make the ground higher
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