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Legal Tresspass and Destruction of Property?

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T

tenkiller

Guest
My friend is the sole owner of a one acre lot.Two months ago the county dug a ditch and ran the county's water line across his land to give access to the adjoining property owner.He was never notified this action was to take place.The workers dug the ditch across thru the middle of his land and across a running creek that bordered his property which disrupted the flow of the creek.After inquiring as to why they did this without his permission he found that the nieghbor had told the county the property was his and that would be the shortest route and the least expensive.Now he is being told there is nothing that can be done about it.There was an alternate route that could have been taken.Can he sue for tresspasing and destruction of private property? The way the ditch was dug his property is now subject to erosion according to the land conservation agent.
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by tenkiller:
My friend is the sole owner of a one acre lot.Two months ago the county dug a ditch and ran the county's water line across his land to give access to the adjoining property owner.He was never notified this action was to take place.The workers dug the ditch across thru the middle of his land and across a running creek that bordered his property which disrupted the flow of the creek.After inquiring as to why they did this without his permission he found that the nieghbor had told the county the property was his and that would be the shortest route and the least expensive.Now he is being told there is nothing that can be done about it.There was an alternate route that could have been taken.Can he sue for tresspasing and destruction of private property? The way the ditch was dug his property is now subject to erosion according to the land conservation agent.<HR></BLOCKQUOTE>

My response:

Sounds to me like your friends needs to speak with an attorney familiar with trespass and land issues. Get a signed, and dated, declaration - - under oath - - from the person who told you that this was done at your neighbor's direction. The governmental entity also is on the hook for this because they had an obligation to look up the plat maps to see whose property was whose. If the entity is on the hook, you have a very, very short Statute of Limitations on that part. Get to an attorney ASAP.

IAAL




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