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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 100034
Experience:  I have been a lawyer since 1985 and have been a professional on this site for 5 years.
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My daughters neighbours oil tank has burst ,discharging oil

Resolved Question:

My daughters neighbours oil tank has burst ,discharging oil onto her
property.The environmental agency have drilled 5 bore holes to establish the oil has penetrated to a depth of 12 feet .under the house .The neighbour has on advice,decided not to excavate but to leave the oil in situ and isolate by protecting the home from fumes.They suggest She does the same.
She is not minded to agree ,as it may well,despite their assurances affect her properties resale value.
My daughter lives in Nova Scotia,Canada,
Can u advise specialist advise she may seek?
Thanks
David
Submitted: 2 years ago.
Category: Canada Law
Expert:  Legal Ease replied 2 years ago.
Are you asking about the law, which I can explain, or about finding a lawyer or environmental expert?This is on the Canada law list and as lawyers we don't know environmental experts.So let me know if I can help.
Customer: replied 2 years ago.
Explain the law please
Expert:  Legal Ease replied 2 years ago.
The neighbour may believe what they are saying in terms what is best for them or even for you. But you are not bound by what they believe or what they are saying. Rather, the law is that they are bound to put you in the position you would have been had this not happened.And so they are required to take all necessary steps to do that regardless of whether they are doing this for themselves or not. Your point about your property value is very important. You will have to disclose this if you go to sell the property and this can be a very serious disclosure that can seriously harm the value of your property. The neighbour most likely has insurance that will cover this but even if they do not this is not your concern.I suggest that you retain a lawyer to send them a letter asserting your position and indicating that while you hope this can be resolved amicably you will proceed to court if necessary.
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