Legal Question in Real Estate Law in California
Condos Next Door have leaking water and have attached a fence to my property
This is actually 2 questions.
A condo conversion project went in next to my property about 3 years ago.
Recently, we have water coming under our foundation. The condo sits uphill, and they have not been cooperative. Our insurance company has denied our claim and reports that the water is not coming from our property. This is a property in Southern CA, so it is unlikely it is ground water as it is very hot here. I am worried about potential damage to the foundation. One attorney stated that it could cost thousands to determine the leak and make the condo complex fix it, and we could not recoup attorney fees.
In the course of this water problem, I have also found that the condo complex has attached an 8 foot fence and a gate to my garage. I suspect that this fence has been up for awhile--3 years (this is a tenant occupied property, so I was not notified). I either want the complex to take it down or pay me monthly rent for it.
Do I have any recourse? Can I make them take the fence down? Can I force them to determine that the leak is coming from them?
I have no damage thus far, but with water on the foundation it is not known just when damage will occur.
2 Answers from Attorneys
Re: Condos Next Door have leaking water and have attached a fence to my property
I can't give you a dependable answer to what may be as much an engineering question as a legal one. My guess is that "hot climate" does not eliminate natural ground water as a possibility. On the other hand, if the water is a recent problem, I'd suspect a pipe break, and if the volume of water suggests it is or will be a threat to buildings or soil structure, I'd say give serious consideration to whatever tests are needed to locate the source -- not just to pin liability on someone, but also to be able to figure out how to correct the leakage (if that's what it is).
Re: Condos Next Door have leaking water and have attached a fence to my property
1. water intrusion. It is your burden to establish where the water is coming from. You should hire an expert to determine the cause. It may cost money, but ever since you have suspected a problem, the statute of limitations has been running.
2. fence. If you own the garage, the attachment of a fence is trespassing. You should send a letter to the fence owner or file a lawsuit.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
