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    Seller Disclosure: Re: No Justice Flood Disclosure

    I'm pretty sure I know the answer to this question, but I'll ask anyway.....Did you have a home inspection done prior to closing?

    A sump pump would have been a red flag that there was...
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    Re: Right of Way Drainage Issue

    Well if the runoff is originating from the public right of way (roadway), you can request that the City make drainage improvements to eliminate or minimize this flow of runoff. I'm not certain if...
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    Re: Easement and Problems with City

    Jerry, I can't say anything with certainty about your situation, let alone that 100% of your erosion is caused by runoff from your yard....I would have to see the topo and visually examine the...
  4. Re: Drainage Across Property by Developer Without Recorded Easement

    The only thing I would recommend at this point is be certain to take plenty of pictures before, during, and right after any significant rainfalls because it sounds like you may have to use the courts...
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    Re: Private Drive Deeded Right of Way

    I'll just quote what I said in another post because someone else had a very similar issue.

    "Well unless the easement states otherwise, building, planting, or otherwise encumbering the easement...
  6. Re: Drainage Across Property by Developer Without Recorded Easement

    It's NC General Statutue 136-92 but it only applies to runoff from public right of way. I would probably recommend contacting your city/town engineering department to determine if there are any...
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    Seller Disclosure: Re: Misrepresented Sewer.so We Were Told

    Well first you need to determine if there are any City ordinances or utility service agreements that require you to be on City sewer or policies relating to water and sewer service. I do think you...
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    Re: Easement and Problems with City

    Well Jerry, it's really hard to make a definitive determination on what's causing the problem without being able to visually see the ditch and your yard. It's quite possible that the problem is...
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    Re: Easement and Problems with City

    Well Jerry, using my "drainage expertise", I would probably assume the erosion is occurring from your property (just base on the information you provided). If a ditch that size was carrying a storm...
  10. Re: Drainage Across Property by Developer Without Recorded Easement

    Well a drainage easement isn't necessarily REQUIRED to direct runoff through private property. As a matter of fact, I would probably estimate that most man-made drainage ways (ditches, swales,...
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    Re: Driveway Problems After Street Was Repaved

    Yeah, this sounds like something that the responsible entity would correct. Is the road in front of your house a state or local road? If you live in a corporated city limits, then it's quite...
  12. Re: Easement/Fence Dispute

    Well unless the easement states otherwise, building, planting, or otherwise encumbering the easement with a fence, gate, landscaping, etc is an encroachment upon your property. More than likely, the...
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    Easement Use and Enforcement: Re: Phone Company is Digging Hole in My Front Yard

    I would assume that if this is a trunk line within your property they have an easement of some kind. Typically, any type of utility run outside of the right of way, unless it's a service line for...
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    Re: Obstructed/Farmed Easement in New Mexico

    Well I would first suggest that you obtain a copy of the recorded easement, if you haven't already done so. Your issue sounds more like an issue related to "maintenance" of the easement as opposed...
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    Easement Use and Enforcement: Re: Phone Company is Digging Hole in My Front Yard

    Ding, ding, ding...I think we have a winner!!
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    Re: Driveway and Fence Issue in New Jersey

    If you're certain your survery is accurate, then you can put the fence directly on the property line. I would let the neighbor know that you trust your recent survey and are planning to place the...
  17. Maintenance and Repair: Re: Shared/Congiuous Driveway Issue in Va

    Well if you're essentially land locked (meaning, other than the strip of driveway, your property doesn't border public right of way), you may actually be entitled to an easement of necesity. Again,...
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    Re: Prescriptive Easement

    Well my first question is (already know the answer), I'm sure the City gave you nothing in written saying you would always have access to your garage? Well in order for YOU to obtain a prescriptive...
  19. Maintenance and Repair: Re: Shared/Congiuous Driveway Issue in Va

    Well the inexpensive option to explore would probably not make for a happy neighbor, but you MAY be entitled to a prescriptive easement of the driveway, depending on how long you've had continuous...
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    Homeowners Associations: Re: Parking: Blocking Sidewalk

    Well you are correct in your assumption of the first paragraph in that no car, even parked on the driveway can block the sidewalk. Unless they're doing it habitually, I doubt you could get your HOA...
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    Re: Erosion Control and Utility Easement Access - Oklahoma

    Your concerns sound very similar to the type of issues I deal with regularly. First, let me answer what sounds like your main question or concern. As far as constructing a retaining wall within an...
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    Homeowners Associations: Re: Association Bylaws(Covenants)

    No, you wouldn't be exempt because the covenant EXPLICITLY says that these items should be buried, fenced, or completely shielded. If the only requirement was that they not be visible from the...
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    Moving Out: Re: Managers Claim Pet Urine but Never Had Pets

    Was the carpet new when you moved in? And I would ask to the see a report or letter from the person who performed the inspection? If the reports are consistent with the potty mishaps, then I would...
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    Re: Limiting Use of a Private Road in Louisiana

    Well if you were in North Carolina, I would advise you to force the parish's hand because this private road is being used beyond what I would consider typical access for maintenance. Here in North...
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    Re: Limiting Use of a Private Road in Louisiana

    Well I am not familiar with Louisiana law at all and LandSurveyor is right in that you may want to seek the advice of a local attorney because you have some complexed issues. But I would think at...
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