Legal Question in Real Estate Law in Indiana

We own a home that flooded the day after we signed the papers to move in. Now every time we get a hard rain the creek behind our home either over flows or our backyard just floods. With each rain more damage occurs. Also, across the street the developer cleared a lot and every time it rains all the the mud, etc washes straight through to our yard and makes a channel between our house and the neighbor. It is doing damage to our property on all sides. We are losing more and more foundation each rain. Also, the developer owns the creek and land behind us that is causing all the problems. Is he under any legal obligation to take care of the problems he is causing?


Asked on 7/26/10, 12:21 pm

2 Answers from Attorneys

Jay Rigdon Rockhill Pinnick LLP

Possibly. You need to take your documents to an attorney, who also needs to look at the topography of the land to answer your question.

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Answered on 7/27/10, 10:02 am

Possibly. Generally, a landowner is responsible if something from his property causes damage to another. You should consult with a local attorney.

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Answered on 7/29/10, 11:57 am


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