What to do if the foundation of my house has cracked horizontally and the city may be responsible due to drainage from pond?

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What to do if the foundation of my house has cracked horizontally and the city may be responsible due to drainage from pond?

My house is on a monolithic pour (concrete slab). The house is only 22 years old. There is a pond owned by the city behind the house that may be causing the soil to erode. The backyard is now sloping towards a pond drainage ditch. The slab has cracked horizontally all the way around the house and dropped by 1/4 of an inch. It would cost $60,000 I don’t have to stabilize the house. What legal recourse may I have against the city if the pond and drainage ditch has caused this?

Asked on May 13, 2012 under Real Estate Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you believe that the foundational problems that you are having with your home originates from pond drainage on land owned by a public entity, you should consult with a real estate attorney, a geotechnical expert, and a licensed contractor as to the cause of the problem and estimated costs of repair.

Assuming that the pond is causing the problem with the foundation, then you should pursue a governmental claim against the public entity for the problem with the home's foundation through an experienced real estate attorney.


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