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re: OT lawyers... question about real estate law

Posted on 5/20/16 at 8:45 pm to
Posted by liz18lsu
Naples, FL
Member since Feb 2009
17346 posts
Posted on 5/20/16 at 8:45 pm to
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.
Posted by krones
Pacific Wonderland
Member since Sep 2010
413 posts
Posted on 5/20/16 at 8:57 pm to
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 by UpToPar
Baton Rouge
Member since Sep 2008
22165 posts
Posted on 5/20/16 at 9:07 pm to
This:

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 by Boagni Swamp
Right next door to No Face
Member since Oct 2015
912 posts
Posted on 5/20/16 at 10:03 pm to
quote:

NATURAL SERVITUDES


Uh, no. Wrong ballpark.

New Home Warranty Act. And your deadlines are short.

I'm not your lawyer.
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