Legal Question in Real Estate Law in Maryland

Who To Sue: Builder, Owner or County?

We purchased our new home in February 2008, in a neighborhood of 13 estate homes. The future owner next door to us is an attorney, and has been allowed to use his own builder in the construction of his home, due to the fact that he assisted our builder with another land transaction. The neighborhood's remaining 12 homes were built by the same reputable local builder. Throughout the last 6 months, we have voiced our ongoing complaint that the grading of this neighbor's yard would cause substantial water runoff/damage/erosion to our lot and driveway. (This guy has graded his yard 2 to 3 feet higher than our the height of our land bordering our driveway.) We have asked our builder's site superintendent, this owner, and even the county building inspector to do something to prevent a problem; minor grading revisions were made, yet we have been told over and over that his grading correctly corresponds with his approved county building plans.

Last week this guy installed an irrigation system and sod. Just as we feared, our driveway now has a constant heavy stream of water running down it. The area in front of our driveway is now filled with a large pool of water. Who do we now sue?

Asked on 8/26/08, 10:06 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Who To Sue: Builder, Owner or County?

Your claim would be against the neighbor and possibly the county, although if the building regs allowed this grading, the latter claim would be difficult. You need to retain an attorney who is familiar with property law issues.

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Answered on 8/26/08, 4:57 pm

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