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  #1  
Old 11-27-2005, 11:44 AM
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Posts: 14

Old neighbor trying to sue for water in basement


What is the name of your state? PA

When my house went on the market my neighbor filed a lawsuit claiming my backyard was causing water to flow into his basement thus causing many basement flooding issues with his property. This was never proven but in order to sell I agreed upon an escrow agreement. The house was sold 5 mths ago and now I get a letter in the mail from my old neighbor's attorney stating that they are going to sue me for any future flooding they might have.

my question is : is that legal? i dont own the house anymore. can they do that?

and is there anything i can do to stop them from basically harrassing me concerning this issue?

help!!
  #2  
Old 11-27-2005, 11:53 AM
shell007
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Sounds like (the old neighbor), clearly filed the suit while you still owned the property, however, it is just now comming to fruition.

Was there a "drainage easment" on your property? Did you ever change or obstuct the course of water flow on your property, which caused the neighbors damage (by landscaping etc.)?

Last edited by shell007; 11-27-2005 at 02:16 PM.
  #3  
Old 11-27-2005, 12:05 PM
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Join Date: Mar 2005
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the original lawsuit that was filed while my house was on the market was dropped. thats why we came into an escrow agreement and i was allowed to sell the home. i already had a buyer for my house when the lawsuit was filed but in order for the buyer to purchase the home and get title insurance the lawsuit had to be dropped. so this new lawsuit my old neighbor is claiming would be a new one.

can he do that?

during the 1st lawsuit, that was eventually dropped, i had surveyors come out along with 2 landscape contractors and they all agreed there's nothing wrong with the property. basically this guy just wants to cause problems. its not the issue of the land that is in question its whether he can keep harrassing me. his friend is the attorney so he basically feels like he can file any lawsuit at anytime against me.

so i need to know if thats possible to file a new lawsuit for any future water issues against me since i do not own the property anymore?
  #4  
Old 11-27-2005, 12:22 PM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by tree100
the original lawsuit that was filed while my house was on the market was dropped. thats why we came into an escrow agreement and i was allowed to sell the home. i already had a buyer for my house when the lawsuit was filed but in order for the buyer to purchase the home and get title insurance the lawsuit had to be dropped. so this new lawsuit my old neighbor is claiming would be a new one.

can he do that?

**A: yes he can unless the written settlement agreement stated otherwise.
*******

during the 1st lawsuit, that was eventually dropped, i had surveyors come out along with 2 landscape contractors and they all agreed there's nothing wrong with the property.

**A: you need an opinion from a civl engineer not a surveyor or landscaper.
**********
basically this guy just wants to cause problems. its not the issue of the land that is in question its whether he can keep harrassing me. his friend is the attorney so he basically feels like he can file any lawsuit at anytime against me.

so i need to know if thats possible to file a new lawsuit for any future water issues against me since i do not own the property anymore?

**A: see above.
  #5  
Old 11-27-2005, 02:13 PM
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Join Date: Mar 2005
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so basically this guy could sue me for the rest of my life for any and all future water problems he might have?

is this because he previously filed a lawsuit but then dropped it? or is it because we have an escrow agreement? or is it just because he can?

the escrow agreement doesnt state that he can't sue me it just states that he is dropping the lawsuit in order for me to sell my house.

i just thought since i dont own the house anymore he can't sue me for future incidents.

is there anyway to protect myself then if he can continue to sue?
  #6  
Old 11-27-2005, 08:27 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by tree100
so basically this guy could sue me for the rest of my life for any and all future water problems he might have?

is this because he previously filed a lawsuit but then dropped it? or is it because we have an escrow agreement? or is it just because he can?

the escrow agreement doesnt state that he can't sue me it just states that he is dropping the lawsuit in order for me to sell my house.

i just thought since i dont own the house anymore he can't sue me for future incidents.

is there anyway to protect myself then if he can continue to sue?
**A: hire an attorney. We do not have the escrow agreement to review.
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