Flooding abuse

[aren]

Missouri Home. I purchased a home in 2008 and the property floods. There is pipe that takes water from the street to the back of my property which the city claimed was a retention pond. With the pipe open I flooded from the front and the back. I was literally on an island. I tried for about 7 months to get the city to do something about the flooding. After I had a survey done I was told that there was no easement for the pipe or a plat denoting a retention pond. I told the city I was going to close the pipe to stop my property from flooding, they told me they couldn't stop me because they didn't have an easement. So I closed it. The flooding in the street, which as always been an issue, got worse. They ticketed me, filed a criminal complaint and then dismissed both. They have literally harrassed the crap out of me. Then they petitioned the court for an injuction. I filed affirmative defenses and a late counterclaim and there was a trial. The judge has ruled in the city's favor and denied me any relief. I have invested 99% of the money I had in this property. In September the house actually flooded. What wasn't spent on the house and improvements was spent on industrial blowers and dehumifiers to dry the house out and replacing walls and flooring. The city issued the building permit without a preliminary plat and approved the drainage plan which was done after the neighbors complained about building on the drainage. The drainage plan (done by the city engineer after the house was built) is erronous and the numbers are wrong (verified by an engeneer). The city approved the grading and drainage and the finish floor is 3'8" below grade. Expert engineer witness testified that the house wouldn't have flooded if it was not built 3'8" to short. To add to the problem the house was built in 1989 and since then the city as permitted more building uphill which as compounded the problem and during discovery I found out the house is actually built on a filled in (closed up) sinkhole and the city new this when they issued the permit. The city's asked for damages to the street (as testified to at trial the street hasn't been worked on in 15 years) they are claiming that I damaged it. Keep in mind testimony and topo showed the street and property has always flooded. The engineers topo showed that the drainage was split into to natural drainage ponds by the building of my home and two others. The city has ignored this mess for almost twenty years. It has been repeatedly complained about in aldermen meetings. They want attorneys fees and anything else they could think of. They are basically flooding me, stealing my property and taking all equity in the home.

 

[Dave1952]

Did the previous owner reveal this defect?

Good luck

 

[aren]

I bought the property at private action. I was told that the yard flooded in the 100 year rain. I was not told about the ongoing flooding or the sinkhole. It was supposed to be an "as is" sale. But I am not sure that that relieves them of their duty to disclose.

 

[Dave1952]

From your posts I conclude that the property that you bought has a history of flooding. You were told that the house was in a 100 year flood plain and that it was being sold "as is". Sadly, these did not set off alarm bells in your mind.
I'd stop making improvements to this property. I'd discuss this situation with a real estate attorney to see if the sale might be rescinded because of the flooding defect.
What does your city usually do with storm water from your neighborhood? Could you get them to install some sewers and a pumping station for your neighborhood?
Honestly, I think that you may own a worthless house.

Good luck

 

[justalayman]

I bought the property at private action. I was told that the yard flooded in the 100 year rain. I was not told about the ongoing flooding or the sinkhole. It was supposed to be an "as is" sale. But I am not sure that that relieves them of their duty to disclose.

what do you mean by a "private auction"?

 

[aren]

From your posts I conclude that the property that you bought has a history of flooding. You were told that the house was in a 100 year flood plain and that it was being sold "as is". Sadly, these did not set off alarm bells in your mind.
I'd stop making improvements to this property. I'd discuss this situation with a real estate attorney to see if the sale might be rescinded because of the flooding defect.
What does your city usually do with storm water from your neighborhood? Could you get them to install some sewers and a pumping station for your neighborhood?
Honestly, I think that you may own a worthless house.

Good luck

I am afraid it might be more than useless and actually a liability. Apparently, the city puts it's water in my yard. I was told that the yard flooded with the 100 year rain and that only happens every 100 years. Are you saying because someone tells you it flooded in a 100 year rain, that puts you in a flood plain? The question is not meant to be sarcastic. The history of flooding has been covered up.

 

[aren]

what do you mean by a "private auction"?

This was not a foreclosure or a bank auction or a tax sale. It was auctioned by a private auctioning company that is also a real estate broker. It is quite common in Missouri to have personal property and real estate auctions.

 

[justalayman]

what makes an area a floodplain is FEMA designating an area as a flood plain. Unless they do so, it is not a floodplain even though it may occasionally flood.

It does sound as if there are some disclosure problems with your purchase though. Depending on when you first found out about any of the problems, it may be too late to make a claim now. You really need to speak with a lawyer that deals with real estate who can review all of the pertinent information and advise you as to your rights.

It sounds like you need a lawyer to be involved with the ongoing situation with the city as well.

 

[Dave1952]

Sorry for the confusion. I presumed that you meant that you were in a flood plain when you wrote "100 year rain". Obviously they did not have to disclose that you are in a flood plain if that is not true. So, they did disclose to you that the property flooded during or after a heavy storm, which was called a 100 yr. rain.

Good luck