Legal Question in Real Estate Law in Florida
Homeowners rights for proper water drainage
A Homeowner builds a new home on the corner lot of an undeveloped block in a new subdivision. Within 6 months of purchasing their home, same builder builds/sells home on adjacent corner lot (beside first home). This second home's foundation was built 1-2 feet higher than first lot. This causes excessive rain water to be drained onto 1st homes property. Now a third home is being built on the other side of first home, and due to lack of drainage in area that lot is also being built higher than 1st home. what rights does homeowner of original property have against builder to ensure proper water drainage around property?
1 Answer from Attorneys
Fla. Homeowners rights to proper water drainage
"what rights does homeowner of original property have against builder to ensure proper water drainage around property?"
Anyone who disturbs the natural flow of water to the detriment of others causes a nusance which can be addressed by legal action if not voluntarily corrected. You can also check into any possible breach of warranties in the construction.Contact the builder, in writing, to make him aware; find out what he will voluntarily do; notify the local building authorities if he doesn't fix the problem; contact local investigative news sources re. their interest in the matter; if none of this works, contact an attorney and sue for an injunction to abate the problem and for damages. You will need expert testimony as to the original flow of the water and the current problems. Engineers can do this for you.
I am licensed only in Fla. and the Federal Courts and answer questions only from/re. Florida connected inquiries.
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