Any reccomendations for good neighbor dispute attorney? (Pittsburgh: attorneys, house)

[cam1957]

Hi,

I never thought I'd get to this point, but I'm seriously thinking of suing my neighbor, but I'm not sure I can afford the legal fees.

Long story short. He's been diverting water onto my property since I moved in twelve years ago. I found out a couple of weeks ago that he actually installed a drain that carries water into my yard and along my hillside causing me much problems. The borough came out and told him that I have the legal right to sue him because of the property damage to my yard and hillside. I was just going to let it go, but this man actually built this (and I hate to say it) beautiful trench (on my property) when the previous owners lived here unbeknownst to them. He must have built this when the previous owners were on vacation or perhaps they had a summer home. I have no idea how long ago this system was put in, but it has caused problems in my yard and my hillside is eroding like crazy.

When I moved in, there was no property marker in my back yard, it was down over the hillside. I assumed that because our driveways are only separated by the caulking going down the center of them, that was the property line. The borough official took measurements via my property survey and 3" of his driveway and yard is my property, which I really didn't care about, but...... there's a terra cotta drain that is now non functional, half way down my hillside partly on those 3". That leads me to believe he has been diverting his drainage onto this property for 50 years.

The borough inspector is supposed to come out next week to make sure my neighbor installed a legal cap on that 4" drain pipe that actually is on my property. He did not have permission from the previous owner to drain the water onto our property, nor was the previous owner aware this man had any drains along his driveway.

Has anybody used any attorneys around Pittsburgh for problems like this or will I end up losing my house to pay for legal fees? Any help will be greatly appreciated.

[Retiredcoach]

Originally Posted by cam1957

Hi,

I never thought I'd get to this point, but I'm seriously thinking of suing my neighbor, but I'm not sure I can afford the legal fees.

Long story short. He's been diverting water onto my property since I moved in twelve years ago. I found out a couple of weeks ago that he actually installed a drain that carries water into my yard and along my hillside causing me much problems. The borough came out and told him that I have the legal right to sue him because of the property damage to my yard and hillside. I was just going to let it go, but this man actually built this (and I hate to say it) beautiful trench (on my property) when the previous owners lived here unbeknownst to them. He must have built this when the previous owners were on vacation or perhaps they had a summer home. I have no idea how long ago this system was put in, but it has caused problems in my yard and my hillside is eroding like crazy.

When I moved in, there was no property marker in my back yard, it was down over the hillside. I assumed that because our driveways are only separated by the caulking going down the center of them, that was the property line. The borough official took measurements via my property survey and 3" of his driveway and yard is my property, which I really didn't care about, but...... there's a terra cotta drain that is now non functional, half way down my hillside partly on those 3". That leads me to believe he has been diverting his drainage onto this property for 50 years.

The borough inspector is supposed to come out next week to make sure my neighbor installed a legal cap on that 4" drain pipe that actually is on my property. He did not have permission from the previous owner to drain the water onto our property, nor was the previous owner aware this man had any drains along his driveway.

Has anybody used any attorneys around Pittsburgh for problems like this or will I end up losing my house to pay for legal fees? Any help will be greatly appreciated.

Attorneys do not come cheaply, and your situation sounds as if there could be a significant number of billable hours, plus the potential of the court costs, that could make suing him cost prohibitive. So much more would need to be done beyond the legal fees (surveys, possible geological impact studies,etc.) to prove your case. These are the upfront costs that you will need to pay, and the potential exists that you could still lose. Seems to me that your money would be so much better spent on having a full survey done first, complete with staking your property, and then, discussing with your neighbor the possible solutions. It is a Catch22 for you otherwise.

[cam1957]

Originally Posted by Retiredcoach

Attorneys do not come cheaply, and your situation sounds as if there could be a significant number of billable hours, plus the potential of the court costs, that could make suing him cost prohibitive. So much more would need to be done beyond the legal fees (surveys, possible geological impact studies,etc.) to prove your case. These are the upfront costs that you will need to pay, and the potential exists that you could still lose. Seems to me that your money would be so much better spent on having a full survey done first, complete with staking your property, and then, discussing with your neighbor the possible solutions. It is a Catch22 for you otherwise.

Thank you so much for your advice. I had heard that it's rarely worth it and too costly. I just thought because I have actual proof that would make a big difference. I really appreciate your input!

[erieguy]

If you can't afford legal fees you could try the EPA. Possibly a long shot but a call is cheap.

[gg]

Sometimes a threatening letter from a big name attorney is enough. You don't have to follow through with it, just threaten. Most times people will fix the problem knowing they will have to fight some big name. Pay up front and let it go type of thing.

[DaisyDaisy]

See the housing section on this site and perhaps you'd be eligible for a free consultation... I believe that Neighborhood Legal Services has income limits
Get legal help - Find a legal service organization or pro bono project

[cam1957]

Originally Posted by erieguy

If you can't afford legal fees you could try the EPA. Possibly a long shot but a call is cheap.

Thank you, I will give them a call this week.

[cam1957]

Originally Posted by gg

Sometimes a threatening letter from a big name attorney is enough. You don't have to follow through with it, just threaten. Most times people will fix the problem knowing they will have to fight some big name. Pay up front and let it go type of thing.

Thank you for your good suggestion. That's a good idea. I really do appreciate your input!

[cam1957]

Originally Posted by DaisyDaisy

See the housing section on this site and perhaps you'd be eligible for a free consultation... I believe that Neighborhood Legal Services has income limits
Get legal help - Find a legal service organization or pro bono project

Thank you so much for the link, I'll surely use it!

[selltheburgh]

Originally Posted by gg

Sometimes a threatening letter from a big name attorney is enough. You don't have to follow through with it, just threaten. Most times people will fix the problem knowing they will have to fight some big name. Pay up front and let it go type of thing.

Yeah, a lot of people go that route...but it can backfire.

The property owner behind my first home was a landlord who was never friendly with us. Years later his attorney sent a threatening letter stating that we had to remove all of the trees from our back yard because the leaves were falling on his roof and causing damage to the roofing and gutters.

Had he been friendly and asked if we could trim the trees or clean the leaves, we would have been a lot more cooperative. Instead, I played hardball.

I called his attorney a few times and basically wasted his time, adding billable hours to the landlord's bill - knowing that it was a pretty ridiculous threat. With that, I demanded that they provide me with a survey to prove that it was my tree. I bothered the attorney a lot asking for the survey and just wasting time until I was able to get one. Then I proved to them that the trees were actually just barely on their property - and I sent them a letter stating that they were not permitted on my property to cut the trees down. Given the property boundaries, they have no access to the trees without going in my yard, so the trees are still there.

So my advice is:

1. Talk to the neighbor and ask him to remedy the issue.
2. Have a survey to prove that it is actually your property
3. Hire a good attorney who will help you sort out the issue if he's unwilling to help.