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Julie S
Lv 6
Julie S asked in Politics & GovernmentLaw & Ethics · 1 decade ago

How do you go about putting a cloud on a property title?

The property owner on the bluff above me had storm water run off which damaged my property. I have a formal letter of complaint filed with an attorney requesting that this owner address the problem. He denies any storm-water run-off allegations and damage although it's been proven.

Now he has his property up for sale. How do I go about filing a cloud on the title to his property at the court house? What instrument should I use? An encumbrance or?

Now he

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  • LovesTheConstitution
    Lv 7
    1 decade ago
    Favorite Answer

    Ask your attorney about a lis pendens.

    More important than learning about forms is LISTENING TO YOUR ATTORNEY. Keep your attorney advised of the situation and ask your attorney what should happen next.

    Source(s): 30 years experience in civil litigation
  • wizjp
    Lv 7
    1 decade ago

    uh..you have no basis for an encumbrance. Your best bet might be a lis pendens and an action filed in small claims court for the damages caused.

    Source(s): Land title underwriter
  • sensible_man
    Lv 7
    1 decade ago

    You would need to file an injunction through the court for a temporary lien for the amount decided in your current filing. This would be deducted from his sales of the property.

  • ready2go67
    Lv 5
    1 decade ago

    You need an atty.. you cannot jsut emcumber his property without good or legal cause.

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