Legal Question in Legal Ethics in New York
Town supervisor dug a ditch accross our property for our neighnor.
The Town Of Owego supervisor dug a ditch accross our field to accomodate our next door neighbors cellar drainage/run off. She told them it was her property (she told us this) and asked them to do this. She then the same day had a her contractor dig a ditch from her cellar to our ''new'' ditch. This ditch is unsightly and not needed. Our field is much lower that the road next to it and it NEVER floods over. Now after tons of rain there is no water in her ditch or ours for that matter. Our field is the only ditch the dug. He has done other ''favors'' for people in the area also. The town refuses to fill it in saying they have jurisdiction to do what they want to. We can't find any ordinances or laws and the whole town of Owego will not give us any information. I hope I have the right catagory.
--name removed--Talcott
1 Answer from Attorneys
Re: Town supervisor dug a ditch accross our property for our neighnor.
No one may legally trespass upon your private real estate without your permission. This includes the town of Owego - no matter what the intellectually-challenged bureaucrats may tell you.
Consult a real estate lawyer in your area. You are entitled to have your land restored to its original condition at someone's expense other than you own - including the neighbor and the town, but you will probably have to file suit.
I have practiced law for 35 years. If I ever hear a petty bureaucrat admit to having made a mistake I will retire immediately.
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