Legal Question in Real Estate Law in California

I sold a plot of vacant land to someone in California. I also owned vacant land near where i sold his land. In the process of his grading he purposely dumped huge amounts of fill that cost me over 10,000 to remove in order for me to start constructions. There are witnesses that it was him that dumped the soil so there is no question as to who did it. I like to sue him to recover the cost of removing the soil and the delay in construction it cost me. What would be the complaint for? tresspass? and what else? thanks for you help!

Asked on 10/14/09, 5:49 pm

3 Answers from Attorneys

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Yes, that is a form of trespass. It may also be actionable as a non-recurring nusiance. It would require some research but it also might be actionable under a statute.

Answered on 10/14/09, 6:01 pm

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Terry A. Nelson Nelson & Lawless

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Yes, you've already stated and explained your case for trespass and related damage. Now, you should hire an attorney to handle the pleadings and court proceedings on this, unless you are confident that you can effectively represent yourself in litigation that will likely cause the other party to hire an attorney to defend. You should first attempt informal resolution and settlement, and could use an experienced attorney for 'leverage' in that process. If serious about doing these things right, feel free to contact me.

Answered on 10/14/09, 6:17 pm

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