Legal Question in Real Estate Law in Virginia

property law

The rear of my yard butts up to land designated as ''common land'' and owned by my HOA subdivision.

My yard slopes away from my home and down the common land to a pond located on the common land. Approximately 30-35 feet from my property line the common land ground in eroding into the pond. This errosion problem has been getting worse over the past 6-7 months and I am worried that this problem will begin to cause problems for my trees located in my yard. I have been to the HOA Board and was informed they had no intent of taking any action to correct or reduce this problem. Should the problem become more severe and my property damaged who would be responsible for repairs, myself or the HOA?


Asked on 9/06/07, 8:38 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: property law

If at such time that you can demonstrate that damages to your trees have occurred and been proximately caused by the HOA's failure to take the appropriate corrective action(s) when they were first informed of the problem, you then would likely have a winnable case agasinst the HOA for your damages caused by their apparent negligence.

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Answered on 9/07/07, 9:51 am


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