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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 95879
Experience:  Lawyer
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We have a common fence with a neighbor who stands on the

Customer Question

We have a common fence with a neighbor who stands on the border between the two properties. Neighbor are structured a pipe that goes from the gutter of his roof attached to a stand fence, crossed the fence and goes over to my side of the fence. Then he cut a hole in the fence and end of the tube squeezed into it. Thus it requires comes from my side of the fence, and the water is drained, as it were on his teritory.
But I do not like the whole structure that extends from the side of my property
JA: OK. The Lawyer will need to help you with this. Because laws vary from state to state, could you tell me what state is this in?
Customer: Calgary Alberta
JA: Have you consulted a lawyer yet?
Customer: not yet
JA: Is there anything else important you think the Lawyer should know?
Customer: I think no
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Canada Law
Expert:  Legal Ease replied 4 months ago.

I am sorry to hear this.

Have you asked the neighbour to remove all of this from your property?

Is the water draining onto your property?

Customer: replied 4 months ago.
neighbour don't won't remove this construction
Customer: replied 4 months ago.
water draining onto your property
Customer: replied 4 months ago.
i mean some times this tube fall down on my property and water draining onto my property. right now the
junction between two tubes are partially separate and part of his water draining on my property
Expert:  Legal Ease replied 4 months ago.

I suggest that you send a letter to the neighbour and even consider sending it by registered mail rather than dropping it off yourself. In the letter set out the facts and explain that while the fence is on the property line it is unlawful for the neighbour to have any part of his hose on your side of the fence which is on your side of the property. As well, it is unlawful, and considered to be a tort (which is a civil wrong doing), to allow water to drain onto a neighbour's property. Then state that you require the neighbour to immediately remove the hoses from your side of the fence, to repair any hole made into the commonly owned fence, and to ensure that no water drains onto your property. Tell the neighbour that you are putting him on notice that you will be suing him for any damages that you incur as a result of his actions including but not limited to damages from the water drainage.

If that does not work your next step would be to retain a lawyer or else start a lawsuit and self-represent.

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