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A neighbor is having problems with a dry wall at the end of her property which abbuts my property. She is claiming that water from my property is causing the problem. Our yards are sloped the same and I never see water in this area ever. Not even during the worst downpours. Can she sue me. If so can I countersue to collect legal fees?
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Your neighbor can sue you. That doesn't mean that she can win. She bears the burden of proving that you are causing the damage to her. Her word is not usually enough. Depending upon where the lawsuit, if any, is filed, you may be able to ask for costs and fees. Usually, it is a discretionary issue that the judge will decide after reviewing the facts and issues of the whole case.
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I read your question but would need to sit and discuss in order to address it properly. There is No Charge for this consult but you will need to schedule an appointment if you are interested.
Hugh Jasne
Jasne & Florio, L.L.P.
914 997-1212
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If you have altered the terrain so that it changes the runoff pattern, and the water runoff damages your neighbor's property, you can be sued for the damage. You should notify your homeowner's insurance company of this potential claim because the insurance company will most likely defend you for such a claim. If it covers this claim, than you will not have to pay for the lawyers to defend you, so there would be no need to counter sue for legal fees.
Please note that we are not your attorneys unless we agree to defend you. There may be other options available to you, but I suggest the first thing to do is contact your insurance company.
John Rand
(914) 946-8900
www.cgmlaw.com
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