Legal Question in Construction Law in New Jersey
Neighbors new cement driveway
My neighbor put in a cement driveway against her foundation & my prop line. I told the mason to grade it to her & to street,he graded it to me 1 1/2''in 6',Now her rain wtr all come to me.. The Boro Bldg insp. & Zoning Ofcr said she can't do that by COMMON LAW, I allowed them to work from my yard & they destryd what little grass I had,they tried to backfill with common fill dirt. I stopped them from going any further. Where can I get a copy of what ever laws, codes or statutes that say they can not do this ? How can I make them correct the problem & restore my property? The mason & the Beaurocrats are ''buddy buddies'' so I don't expect to get any help there.I have lived in this house for 44 years, she's been here less than 5 yrs. I am 68,retired on disability & living on a fixed income , so I can't afford to go and hire an attorney.I did check with the one that drafted my will but he didn't want to get involved, guess he knew there wouldn't be any money in this case. Thank you for what ever information or advice you can give me.
--name removed--
1 Answer from Attorneys
Re: Neighbors new cement driveway
What the building inspector was probably referring to was the general legal principle that a property owner who causes water to flow onto the adjoining property due to artificial means (e.g. a drainage swale, or in this case, installation of a driveway that is improperly graded) may be legally liable for this action.
Conceivably, if you can prove your case, you would be entitled to monetary damages and/or an order from the court that the neighbor's driveway be removed or regraded so the water did not flow onto your property.
If the neighbor and/or the contractor were negligent in destroying the grass on your property, you might be able to recover monetary damages for the cost of fixing it.
Your case is a little more complicated than that, because you indicate you did give permission for work to be done. Obviously, there may be a dispute over what exactly you agreed to and what you didn't agree to.
It's unfortunate you do not have money to pay for an attorney. It may be possible to work out a contingency arrangement with an attorney or a reduced fee. I would be happy to discuss this with you, or any other legal issue you might be concerned about.
Please contact me at:
973-605-8995
Alan S. Albin, Esq.
42 Court St., No. 4
Morristown, NJ 07960
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