Neighbor blames landscaping on wet basement

[tree100]

What is the name of your state?What is the name of your state? : Pennsylvania

In the summer of 2003 I had my backyard excavated to allow more flat land. I originally had a slope in my backyard and just pushed the slope farther back. In september of 2004 during hurricane ivan, my basement flooded and my neighbors. I've lived in my house for 5 years and have never had any sort of wet basement except during ivan, which i found out later that my sump pump was not installed correctly thru the builder, as a result had the flooding. My neighbor just sent me a letter from they're attorney requesting that I file they're damages under my liability section of my homeowners insurance. My house is currently on the market but my neighbor does not know this yet. There's no for sale sign outside. My homeowner's insurance carrier stated that they are not going to pay anything and if I file a claim they will just send a denial letter. I have not file a claim yet but I know it will not stop there. I have a feeling that they will try and get money out of me some way or another. How will this or any other future claims or lawsuits they may have affect the selling of my home?

[HomeGuru]

Originally Posted by tree100

What is the name of your state?What is the name of your state? : Pennsylvania

In the summer of 2003 I had my backyard excavated to allow more flat land. I originally had a slope in my backyard and just pushed the slope farther back. In september of 2004 during hurricane ivan, my basement flooded and my neighbors. I've lived in my house for 5 years and have never had any sort of wet basement except during ivan, which i found out later that my sump pump was not installed correctly thru the builder, as a result had the flooding. My neighbor just sent me a letter from they're attorney requesting that I file they're damages under my liability section of my homeowners insurance. My house is currently on the market but my neighbor does not know this yet. There's no for sale sign outside. My homeowner's insurance carrier stated that they are not going to pay anything and if I file a claim they will just send a denial letter. I have not file a claim yet but I know it will not stop there. I have a feeling that they will try and get money out of me some way or another. How will this or any other future claims or lawsuits they may have affect the selling of my home?

**A: it may have a huge effect depending upon what action they will take and how aggressive they will pursue such action.

[tree100]

Can they prevent me from even selling my house?

Originally Posted by tree100

Can they prevent me from even selling my house?

Every house can be sold for the right price.

[HomeGuru]

Originally Posted by tree100

Can they prevent me from even selling my house?

**A: yes, search lis pendens and notice of pendency.

Originally Posted by HomeGuru

**A: yes, search lis pendens and notice of pendency.

Okay, this baffles me. How could bad neighbor file a lis pendens on this property? Are you thinking there is a title issue here?

[HomeGuru]

Originally Posted by seniorjudge

Okay, this baffles me. How could bad neighbor file a lis pendens on this property? Are you thinking there is a title issue here?

**A: why are you baffled? Read the post. All the neighbor has to do is file a civil court action. The lawsuit will then trigger a notice of pendency on title.

Originally Posted by HomeGuru

**A: why are you baffled? Read the post. All the neighbor has to do is file a civil court action. The lawsuit will then trigger a notice of pendency on title.

I am baffled because a lis pendens (as you know) is a notice filed with the court or recorded in the land deed records to warn everybody that the title or right to the possession of certain real property is the subject of a lawsuit.

I don't see in the post where bad neighbor has a claim against good person for any interest in good person's real estate, either to the title or to the possession.

[HomeGuru]

Originally Posted by seniorjudge

I am baffled because a lis pendens (as you know) is a notice filed with the court or recorded in the land deed records to warn everybody that the title or right to the possession of certain real property is the subject of a lawsuit.

I don't see in the post where bad neighbor has a claim against good person for any interest in good person's real estate, either to the title or to the possession.

**A: there is currently no claim now but there very well could be in the future.
But that is not the subject of discussion. Read the writer's question again; "Can they prevent me from even selling my house"

[rmet4nzkx]

Just some food for thought.
If you had a sump pump, there was a known drainage problem.
Changing the grading of the property can affect existing drainage problems.
Did a licensed contractor regrade your property?

[HomeGuru]

Originally Posted by rmet4nzkx

Just some food for thought.
If you had a sump pump, there was a known drainage problem.
Changing the grading of the property can affect existing drainage problems.
Did a licensed contractor regrade your property?

**A: and did, you get a grading permit and have plans drawn and construction observed by a licensed engineer?

Originally Posted by HomeGuru

**A: there is currently no claim now but there very well could be in the future.
But that is not the subject of discussion. Read the writer's question again; "Can they prevent me from even selling my house"

And if bad neighbor files a lis pendens, then our guy needs to file a slander of title suit.

[BradleyS]

RE Broker in Kansas:

What baffles me.....

Doesn't your neighbor have the proper grading and slope to keep "run off" water away from his house?

I would understand his problem if your guttering downspout was placed next to his basement window**************.but I find it hard to believe that your slope, unless made of concrete, could have saturated your neighbor's basement with water.

[HomeGuru]

Originally Posted by seniorjudge

And if bad neighbor files a lis pendens, then our guy needs to file a slander of title suit.

**A: then the house will never be sold until the issues are resolved.

[tree100]

There are alot of issues with my neighbors yard too. He has a slope on his backyard also. His grading is also off and he has an easement running along side of his house and his neighbors house (not my side ), he also has an underground drainage pipe that is running along side of the other side of the house which empties into a drain out in the street. he has mentioned to me that he had water problems before (but that comes down to a he said she said since i know he'll probably deny it now) .

The contractor that I hired to do the yard was part of a lnadscaping company. who i dont think did a great job on the yard either.

When i initially purchased my home 5 years ago the grading was already off, and after the yard work it is still off. Is the grading something i need to fix before i sell the house?

and once i sell my house can they still come after me for anything?